REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

SEVENTH JUDICIAL REGION
BRANCH 21
CEBU CITY

IN RE: IN THE MATTER OF THE

PETITION FOR WRIT OF
HABEAS DATA Spec. Pro. Case No. 76857

FELICITY MADERA,
Petitioner.

-versus-

NICHOLAS CAPILI,
Respondent.
x---------------------------------------------------------------x

PETITION

COMES NOW, the petitioner through her counsel, unto the

Honorable Court, most respectfully avers THAT:

1. Petitioner is of legal age, married, Filipino and resident of Lot 3,

Bayleaf Townhouse, Cebu City;

2. Respondent is a Major in the Philippine Army, of legal age and

with office address at Camp Lapu-lapu, Lahug, Cebu City
where he can be served with summons and other processes of
this Honorable Court;

3. On March 2, 2022, elements of Armed Forces of the

Philippines, without search warrant, entered the residential
home of the petitioner and seized five boxes containing
business documents relating to the Construction business,
owned and operated by the petitioner’s family;

4. When asked for the basis of the said illegal search and seizure,
respondent claimed that it is for the purpose of preserving
evidence for the pending rebellion case involving petitioner’s
husband;
 5. The unlawful act of respondent mentioned unjustifiably violated
the petitioner’s constitutional right against illegal search and
seizure;

6. Presently, the files are located at aforementioned office and

address and the person in charge or in possession and control
of the data or information is the respondent himself and/or his
subordinates;

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of

this Honorable Court that after hearing, a writ of Habeas Data be
issued ordering the respondent to:

a. Produce the information in its possession regarding petitioner's

person, her family, home and correspondence;

b. Rectify the damage caused to petitioner's reputation by making a

public apology to petitioner, which shall be circulated in the manner
and to such persons as the petitioner may deem appropriate;

c. Other reliefs just and equitable under the premises are likewise
prayed for

Respectfully submitted this 20th day of March 2022 at Cebu

City, Philippines.

ATTY. SARAH LIM

Counsel for the Petitioner
Unit 24, Haven Building, I.T.
Park, Cebu City
Roll of Attorney Number:
467563
IBP No.78574; Jan. 4, 2016,
Cebu City
PTR No. 23456432; Jan. 5,
2022, Cebu City
MCLE Comp. No.VI-
0045867477; April 14, 2019-
April 14, 2022

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING
 I, FELICITY MADERA, after having been sworn to in
accordance with law hereby depose and say THAT:

1. I am the petitioner in the above-entitled case;

2. I have caused the preparation and filing of the foregoing

petition, that I have read the allegations therein, and that they
are true and correct of my own personal knowledge and belief
and based on authentic documents;

3. Other than the foregoing petition, I have not commenced any

other action or proceeding involving the same issue before the
Supreme Court or Court of Appeals or any divisions thereof or
before any tribunal or agency and that, to the best of my
knowledge, there is no such action or proceeding pending
before any tribunal;

4. If other than the foregoing petition, I should learn that a similar

action or proceeding has been filed or is pending in any
tribunal, I will notify this Honorable Court of the same within five
(5) days from such notice;

5. The foregoing petition is not filed to harass, cause unnecessary

delay or needlessly increase the cost litigation and that the
factual allegations on the foregoing petition have evidentiary
support or if specially so, identified will likewise have evidentiary
support after a reasonable opportunity for discovery.

IN WITNESS WHEREOF, I have hereunto set my hand this 20,

March 2022 at Cebu City, Philippines.
 FELICITY MADERA
(Affiant)

SUBSCRIBED AND SWORN TO before me a Notary Public,

for and in the City of Cebu, the affiant, FELICITY MADERA exhibited
to me her PASSPORT bearing No. P4439042D as proof of her
identity, bearing her photograph and signature as competent proof of
her identity.

ATTY. REAH SHYNE REFIL

Notary Public

Comm. No. 342-12; Dec. 31, 2021,

Cebu City
Commission expires on Dec. 31,
2023
Roll of Attorney Number: 32450
IBP No.3245; Jan. 4, 2016, Cebu
City
PTR No. 23456432; Jan. 5, 2022,
Cebu City
MCLE Comp. No.VI-0023443; April
14, 2019-April 14, 2022

Doc. No. 90
Page No. 345
Book No. III
Series of 2022