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Writ of Habeas Data With Citations-Chr
Writ of Habeas Data With Citations-Chr
COLLEGE OF LAW
LAOAG CITY
Topic
: WRIT OF HABEAS DATA
Name of Student : ELRENEO R. CASTRO
INTRODUCTION
DEFINITION OF THE WRIT OF HABEAS DATA
Based on Section I of the Rule on the Writ of Habeas Data, it states that the
writ of habeas data is a remedy available to any person whose right to privacy in
life, liberty or security is violated or threatened by an unlawful act or omission of
a public official or employee, or of a private individual or entity engaged in the
gathering, collecting or storing of data or information regarding the person,
family, home and correspondence of the aggrieved party.
Although we already have the writs of habeas corpus and amparo to protect
individual rights against abuses, writ of habeas data is the latest judicial remedy
intended to complement the two. Now that violations of the right to
informational privacy, right to control the flow of information and the right
balanced by legitimate public concerns are rampant, there should be a law that is
meant to prevent the collection or dissemination of erroneous data derived
therein. More often than not, these pieces of information are being used
improperly by people in authority/government against people. Hence, there is a
need to balance the powers of the government and the right of the people to live
a just and humane society.
On August 30, 2007, Renato S. Puno, former Chief Justice, in his speech at
Silliman University in Dumaguete City, Negros Oriental, he emphasized that with
the writ, he added that the data "can find out what information is held by the
officer, rectify or even the destroy erroneous data gathered as quoted by Atty.
Manuel J. Laserna Jr. on his internet published speech.1 He cited that gathering
and disseminating incorrect information (be it inaccurate, outdated or worse,
1
http://attylaserna.blogspot.com/2008/05/writ-of-habeas-data.html
organizations wherein companies are using credit information for marketing like
banks selling credit information to marketers.
http://www.chanrobles.com/writofhabeasdata.html
2
http://www.wisegeek.com/what-does-habeas-data-mean.html
investigate and prevent crimes, to take effect the arrest of criminal offenders,
bring offenders to justice and assist in their prosecution. In this case, he failed to
order the police to conduct the necessary investigation to expose the mystery
surrounding petitioners abduction and disappearance. Instead, he disclaimed
accountability by merely stating that petitioner has no cause of action against
him. It is also obvious of his lack of any effort to effectively and aggressively
investigate the violations of petitioners right to life, liberty and security by
members of the 17th Infantry Battalion, 17th Infantry Division, Philippine Army.
Evidently, the absence of a fair and effective official investigation into the
claims of Rodriguez violated his right to security, for which respondents in G.R.
No. 191805 must be held responsible or accountable.
However, it was clarified that Rodriguez was unable to establish any
responsibility or accountability on the part of respondents P/CSupt. Tolentino,
P/SSupt. Santos, Calog and Palacpac. Respondent P/CSupt. Tolentino had already
retired when the abduction and torture of Rodriguez was perpetrated, while
P/SSupt. Santos had already been reassigned and transferred to the National
Capital Regional Police Office six months before the subject incident occurred.
Meanwhile, no sufficient allegations were maintained against respondents Calog
and Palacpac.
From all the foregoing, the ruling was that Rodriguez was successful in proving
through substantial evidence that respondents Gen. Ibrado, PDG. Verzosa, Lt.
Gen. Bangit, Maj. Gen. Ochoa, Brig. Gen. De Vera, 1st Lt. Matutina, and Lt. Col.
Mina were responsible and accountable for the violation of Rodriguezs rights to
life, liberty and security on the basis of (a) his abduction, detention and torture
from 6 September to 17 September 2009, and (b) the lack of any fair and effective
official investigation as to his allegations. Thus, the privilege of the writs of
amparo and habeas data was granted in his favor. As a result, there was no
issuance of a temporary protection order, as the privilege of these writs already
has the effect of enjoining respondents in G.R. No. 191805 from violating his
rights to life, liberty and security.
It is also made clear that despite (a) maintaining former President Arroyo in
the list of respondents in G.R. No. 191805, and (b) allowing the application of the
command responsibility doctrine to amparo and habeas data proceedings,
Rodriguez failed to prove through substantial evidence that former President
Arroyo was responsible or accountable for the violation of his rights to life, liberty
and property.
EVALUATION/CRITICISMS
Although the writ provides protection to our rights, but up to this time, it is
still insufficient to resolve the problems of extra-legal killings and enforced
disappearances in the Philippines. For an instance, it failed to protect nonwitnesses, even if they too face threats or risk to their lives.
It is also said to respond to realistic areas, but it is still necessary that further
action must be taken in addition to this. And that, the Congress, both the Upper
and Lower House, being legislative bodies, must enact laws which ensure more
protection of rightslaws against torture and enforced disappearance and laws
to afford adequate legal remedies to victims. It has to be emphasized that there
must be a cooperative action on all parts of the government and civil society to
solve crimes.
CONCLUSIONS
The writ of habeas data may be one of the main remedies for those whose
right to life, liberty or security are threatened or violated by acts or omission of
public officials, hence, making a new wave of protecting human rights of the
Filipino people.
countries data, the concept of which is basically for venue for victims of
harassment and other human rights violations committed by the state and its
security forces to seek redress and extract accountability for possible abuse of
information collected, stored and used by the State.
REFERENCES
AM No. 08-1-16-SC, The Rule on the Writ of Habeas Data. Published in Philippine
e-Legal Forum.
Albano, Ed Vincent S., et al. Philippine Government and Constitution, 2009. Atlas
Publishing Co., Inc. Quezon City.
http://attylaserna.blogspot.com/2008/05/writ-of-habeas-data.html. Atty. Manuel
J. Laserna Jr. on his internet published speech.
http//sc.judiciary.gov.ph/jurisprudence/2011/november2011/191805.html for
G.R. No. 191805 and G.R. No. 193160.
http://www.wisegeek.com/what-does-habeas-data-mean.html.
http://www.chanrobles.com/writofhabeasdata.html.