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THE
Supreme Court has granted the petition filed by national
broadband network (NBN) project whistleblower Joey de
Venecia III seeking the issuance of the writ of habeas
data to enjoin government agents from conducting
wiretapping and surveillance activities over his
personal communications.
In a
two-page resolution issued in Baguio City, the Court has
directed the respondents—Armed Forces of the Philippines
chief Gen. Hermogenes Esperon, Philippine National
Police Director Avelino Razon, Senator Juan Ponce Enrile,
former Commission on Elections (Comelec) chairman
Benjamin Abalos—to make a verified return of the writ of
habeas before the Court of Appeals, where the petitioner
has been referred to for hearing.
The
Court directed the CA to hear the petition on April 15
2008 at 1:30 p.m. and to decide on the petition in
accordance with the rules on writ of habeas data.
"Now
therefore, you respondents and all persons acting on
your behalf or upon your instructions or orders, are
hereby required to make a verified return of the writ of
habeas data before the CA within five working days from
service of the writ," the resolution stated.
In his
petition for writ of habeas data, De Venecia accused the
military, through the Intelligence Service of the Armed
Forces, and the police of conducting surveillance
operations on him and tapping his private phone
conversations and those of other personalities involved
in the controversial NBN-ZTE deal.
Likewise, De Venecia asked the SC to enjoin respondents
to produce all materials, including recordings and
transcriptions in their possession obtained through
their wiretapping activities on petitioner's private
communications, and stop them from sending his
wiretapped conversations over the YouTube, an online
video and audio sharing forum.
De
Venecia also asked that Abalos and Enrile be enjoined
from making public any of his illegally taped phone
conversations that would discredit his testimony
relating to the NBN-ZTE deal presently under
investigation by the Senate.
De
Venecia filed the petition following the airing over
YouTube of his alleged conversation with Abalos, ZTE
starwitness Rodolfo Noel Lozada Jr. and his former
colleagues at the Amsterdam Holdings Inc. (AHI), which
also vied for the NBN project.
According to him, sometime last month, he got
information that a recording of a supposed wiretapped
conversation between himself and Lozada was uploaded in
the YouTube website.
The Rule
on Habeas Data was promulgated on February 2, 2008 to
serve 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.” |
