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IN a bid
to put an end to the problem of extralegal killings and
enforced disappearances in the country, the Supreme
Court (SC) has approved the rules to govern the
implementation of the writ of habeas data—the third
legal remedy for the victims of human rights violations.
In an
interview, SC spokesman Jose Midas Marquez said the
rules on the writ of habeas data was approved at
Tuesday’s regular en banc session and is set to take
effect on February 2, 2007.
He,
however, noted that they are still fine-tuning some
minor provisions in the Rule.
Under
the Rule, the writ of habeas data is defined as 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.
The
petition, according to the Rule, may be filed with the
Regional Trial Court, Court of Appeals, SC or the
Sandiganbayan when the action concerns public data files
of government offices.
Section
10 of the Rule also states that respondent to a petition
for a writ of habeas data should file a verified return
within five days.
The
return should contain lawful defenses and disclosure of
the data or information about the petitioner and the
purpose for its collection in case the respondent is in
possession of the data subject of the petition.
It also
requires the respondent to disclose the steps or actions
taken to ensure the security and confidentiality of the
data or information and the currency and accuracy of the
data or information held.
The SC
said this is intended to strengthen the right to
privacy.
Under
the writ of habeas data, the petitioner may pray for the
updating, rectification, suppression or destruction of
the database or information or files kept by the
respondent.
It
further stated that the court has 10 days to resolve the
petition once it is submitted for decision.
“If the
allegations in the petition are proven by substantial
evidence, the court shall enjoin the act complained of,
or order the deletion, destruction or rectification of
the erroneous data or information and grant other
relevant reliefs as may be just and equitable;
otherwise, the privilege of the writ shall be denied,”
Section 16 of the Rule states.
Chief
Justice Reynato Puno earlier said that the writ of
habeas data would entitle the families of victims of
enforced disappearances and extrajudicial killings to
know the truth surrounding the fate of their relatives.
“Writ of
habeas data would give the victim more authority to
gather or extract data, about the disappearances both
from public and private authorities,” Puno said.
Earlier,
the SC had adopted the rule on the writ of amparo in a
move to help solve the unabated increase of cases
involving extrajudicial killings and enforced
disappearances.
Since
its implementation, more than 10 petitions have already
been filed before the SC. The recent petition was filed
by a group of media practitioners led by ABS-CBN
reporter Cecilia “Ces” Oreña-Drilon.
Other
petitions for writ of amparo that were filed involve the
two missing students of the University of the
Philippines Sherlyn Cadapan and Karen Empeno; political
activist Jonas Burgos, son of the late world press
freedom icon Jose Burgos Jr.; and brothers Raymond and
Reynaldo Manalo.
The writ
of amparo, which took effect on October 25, empowers the
courts to issue reliefs that may be granted through
judicial orders of protection, production, inspection
and other reliefs to safeguard one’s life and liberty.
Under
its Rules, state agents are compelled to look for the
missing person and may be held liable for not exerting
effort in finding the person. |
