SC Issues First Writs of Habeas Data, 3 More Amparo Writs

The High Tribunal, upon the authority of Chief Justice Reynato S. Puno, today issued two writs of habeas data, marking the writ’s first issuance since the promulgation of A.M. No. 08-1-16-SC, the Rule on Habeas Data, on February 2, 2008.

The Rule on Habeas Data was promulgated both as an independent remedy to enforce the right to informational privacy and the complementary “right to truth” as well as an additional remedy to protect the right to life, liberty, or security of a person.

In separate two-page resolutions, both dated March 11, 2008, the Court en banc resolved to grant two separate petitions both for writs of habeas data and amparo, filed by Ayala Foundation, Inc. Executive Vice President Guillermo M. Luz and Anakpawis party list member Francis Saez, on March 3 and March 5, 2008, respectively. The respondents in both cases, which include Armed Forces of the Philippines Chief of Staff Gen. Hermogenes Esperon, Philippine National Police Director-General Avelino Razon, and other government officials, were thus ordered to make verified returns of the said writs before the Court of Appeals, Manila within five working days from service of the writs. The Court of Appeals, Manila was likewise ordered to separately hear each petition on March 18, 2008 at 1:30 p.m. and decide such, in accordance with the Rules. In addition, the Presiding Justice of the Court of Appeals, Manila was instructed to raffle the cases among the members of the appellate court.

In his petition for the issuance of a writ of amparo and writ of habeas data, Luz prays that Gen. Esperon and involved military agents appear before the Court to confirm or deny whether the military has been conducting surveillance operations on him for his suspected involvement in a plot to oust President Gloria Macapagal Arroyo, particularly that of his alleged participation in the execution of what is known as the “Pen coup.” He prays that the respondents submit to the Court and disclose to him any photographs, reports, data, or information gathered in the course of their “case buildup” against him. He likewise prays “that after due hearing, during which Petitioner [Luz] seeks for the opportunity to demonstrate utter lack of basis to put him under any form of surveillance,” the respondents be enjoined to respect his “right to be left alone,” to stop any ongoing case buildup, and to suppress or destroy any database of information gathered against him.

Luz says that the lack of response to his public denials and his unanswered letter of inquiry, which he claims had been received by respondent Esperon, constitute “an unwarranted disturbance of [his] peace of mind and an unjustified incursion on [his] right to security and privacy.”

In a petition for the writ of amparo and for the writ of habeas data, with prayers for temporary protection order, inspection of place, and production of documents, Saez prays that respondents Gloria Macapagal Arroyo, Gen. Esperon, and other involved persons produce before the Court the “Order of Battle” containing his name. He prays that his name be taken out from this “list of persons who are considered as targets for neutralization by the [AFP].” He likewise prays for the destruction of documents he claims the AFP had intimidated him into signing, saying he is a rebel returnee and that he has agreed to become an intelligence asset.