S.A 2020/21 B.E REMEDIAL LAW | Question #04

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SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN REMEDIAL LAW 
#RemedialLaw #PreviousBarQuestions 
Code: S.A 2020/21 B.E REMEDIAL LAW | Question #04
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BAR QUESTION

Upon learning of her husband’s death, the wife and their daughter went to a funeral parlor where the husband’s remains lay. 

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The husband had been killed in a military encounter in the hinterlands. He had been suspected as one of the members of an insurgent group, which had been yearning for the violent overthrow of the status quo for more than 50 years.

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Upon arriving at the funeral parlor, the wife and the daughter found that the premises were guarded by heavily armed individuals clad in military uniform. 

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These individuals accosted the wife and the daughter when they attempted to approach the husband’s casket. 


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The two were then interrogated for almost an hour. Fearing for their lives, the wife and the daughter hurriedly left after the interrogation. 



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On their way home, they noticed a red car following them. The same car, which carried individuals sporting crew cuts, parked in front of their home for several days. 


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The daughter noted the car’s license plate and called the local police for assistance.



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The local police simply laughed at her, saying that they should just cooperate with the military and reveal all that they knew or they would also suffer the same fate as her father.



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Will a petition for writ of amparo prosper for the wife and the daughter? Explain briefly.


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SUGGESTED ANSWER:
  


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  Yes, a petition for a writ of amparo will prosper. 


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The actions of the military personnel who interrogated them for almost an hour at the funeral parlor, the individuals with crew cuts following them and parking in front of their home for several days, plus the local police telling them that they knew or suffer the same fate as their father constitute a threat of violation of their right to life, liberty and security, which warrant the issuance of a writ of amparo.

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  What are your thoughts on the suggested answer? Please leave your suggestions in the comments section at the bottom of this article. Thanks! 

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