Monday, June 1, 2015

THERE IS NO NEED TO FILE A MOTION FOR EXECUTION FOR AN AMPARO OR HABEAS CORPUS DECISION:

     Since the right to life, liberty and security of a person is at stake, the proceedings should not be delayed and execution of any decision thereon must be expedited as soon as possible since any form of delay, even for a day, may jeopardize the very rights that these writs seek to immediately protect.  The Rules of Court only find suppletory application in an amparo proceeding if the Rules strengthen, rather than weaken, the procedural efficacy of the writ.   As it is, the Rule dispenses with dilatory motions in view of the urgency in securing the life, liberty or security of the aggrieved party.  Suffice it to state that a motion for execution is inconsistent with the extraordinary and expeditious remedy being offered by an amparo proceeding.  For summary proceedings, it bears emphasis, are immediately executory without prejudice to further appeals that may be taken therefrom.



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