Republic of the
Philippines
SUPREME
COURT
Manila
EN BANC
A. M. No. 08-1-16-SC
January
22, 2008
THE RULE ON THE WRIT
OF HABEAS DATA
RESOLUTION
Acting on the
recommendation of the Chairperson of the Committee on Revision of the
Rules of Court submitting for this Courts consideration and approval
the proposed Rule on the Writ of Habeas Data, the Court Resolved to
APPROVE the same. chanrobles virtual law library
This Resolution
shall take effect on February 2, 2008, following its publication in
three (3) newspapers of general circulation.
January
22, 2008.
(Sgd.)
REYNATO S. PUNO
Chief
Justice
(Sgd.)
LEONARDO A.
QUISUMBING
Associate
Justice
(Sgd.)
CONSUELO
YNARES-SANTIAGO
Associate
Justice
(Sgd.)
ANGELINA
SANDOVAL-GUTIERREZ
Associate
Justice
(Sgd.)
ANTONIO T. CARPIO
Associate
Justice
(Sgd.)
MA. ALICIA
AUSTRIA-MARTINEZ
Associate
Justice
(Sgd.)
RENATO C. CORONA
Associate
Justice
(Sgd.)
CONCHITA CARPIO
MORALES
Associate
Justice
(Sgd.)
ADOLFO S. AZCUNA
Associate
Justice
(Sgd.)
DANTE O. TINGA
Associate
Justice
(ON OFFICIAL LEAVE)
MINITA V.
CHICO-NAZARIO
Associate
Justice
(Sgd.)
PRESBITERO J.
VELASCO JR.
Associate
Justice
(Sgd.)
ANTONIO EDUARDO B.
NACHURA
Associate
Justice
(Sgd.)
RUBEN T. REYES
Associate
Justice
(Sgd.)
TERESITA J. LEONARDO-DE CASTRO
Associate
Justice
THE RULE ON THE
WRIT OF HABEAS DATA
Section 1. Habeas
Data. - 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.
Sec. 2. Who May
File. - Any aggrieved party may file a petition for the writ of habeas
data. However, in cases of extralegal killings and enforced
disappearances, the petition may be filed by: chanrobles virtual law library
(a) Any member of
the immediate family of the aggrieved party, namely: the spouse,
children and parents; or chanrobles virtual law library
(b) Any ascendant,
descendant or collateral relative of the aggrieved party within the
fourth civil degree of consanguinity or affinity, in default of those
mentioned in the preceding paragraph; or chanrobles virtual law library
Sec. 3. Where to
File. - The petition may be filed with the Regional Trial Court where
the petitioner or respondent resides, or that which has jurisdiction
over the place where the data or information is gathered, collected or
stored, at the option of the petitioner. chanrobles virtual law library
The petition may
also be filed with the Supreme Court or the Court of Appeals or the
Sandiganbayan when the action concerns public data files of government
offices.
Sec. 4. Where
Returnable; Enforceable. - When the writ is issued by a Regional Trial
Court or any judge thereof, it shall be returnable before such court or
judge.
When issued by the
Court of Appeals or the Sandiganbayan or any of its justices, it may be
returnable before such court or any justice thereof, or to any Regional
Trial Court of the place where the petitioner or respondent resides, or
that which has jurisdiction over the place where the data or
information is gathered, collected or stored.
When issued by the
Supreme Court or any of its justices, it may be returnable before such
Court or any justice thereof, or before the Court of Appeals or the
Sandiganbayan or any of its justices, or to any Regional Trial Court of
the place where the petitioner or respondent resides, or that which has
jurisdiction over the place where the data or information is gathered,
collected or stored.
The writ of habeas
data shall be enforceable anywhere in the Philippines.
Sec. 5. Docket
Fees. - No docket and other lawful fees shall be required from an
indigent petitioner. The petition of the indigent shall be docked and
acted upon immediately, without prejudice to subsequent submission of
proof of indigency not later than fifteen (15) days from the filing of
the petition. chanrobles virtual law library
Sec. 6. Petition. -
A verified written petition for a writ of habeas data should contain:
(a) The personal
circumstances of the petitioner and the respondent;
(b) The manner the
right to privacy is violated or threatened and how it affects the right
to life, liberty or security of the aggrieved party; chanrobles virtual law library
(c) The actions and
recourses taken by the petitioner to secure the data or information;
(d) The location of
the files, registers or databases, the government office, and the
person in charge, in possession or in control of the data or
information, if known;
(e) The reliefs
prayed for, which may include the updating, rectification, suppression
or destruction of the database or information or files kept by the
respondent.
In case of threats, the relief
may include a prayer for an order
enjoining the act complained of; and
(f) Such other
relevant reliefs as are just and equitable.
Sec. 7. Issuance of
the Writ. - Upon the filing of the petition, the court, justice or
judge shall immediately order the issuance of the writ if on its face
it ought to issue. The clerk of court shall issue the writ under the
seal of the court and cause it to be served within three (3) days from
the issuance; or, in case of urgent necessity, the justice or judge may
issue the writ under his or her own hand, and may deputize any officer
or person serve it.
The writ shall also
set the date and time for summary hearing of the petition which shall
not be later than ten (10) work days from the date of its issuance.
chanrobles virtual law library
Sec. 8. Penalty for
Refusing to Issue or Serve the Writ. - A clerk of court who refuses to
issue the writ after its allowance, or a deputized person who refuses
to serve the same, shall be punished by the court, justice or judge for
contempt without prejudice to other disciplinary actions. chanrobles virtual law library
Sec. 9. How the
Writ is Served. - The writ shall be served upon the respondent by a
judicial officer or by a person deputized by the court, justice or
judge who shall retain a copy on which to make a return of service. In
case the writ cannot be served personally on the respondent, the rules
on substituted service shall apply.
Sec. 10. Return;
Contents. - The respondent shall file a verified written return
together with supporting affidavits within five (5) working days from
service of the writ, which period may be reasonably extended by the
Court for justifiable reasons. The return shall, among other things,
contain the following:
(a) The lawful
defenses such as national security, state secrets, privileged
communications, confidentiality of the source of information of media
and others;
(b) In case of
respondent in charge, in possession or in control of the data or
information subject of the petition;
(i) a disclosure of
the data or information about the petitioner, the nature of such data
or information, and the purpose for its collection;
(ii) the steps or
actions taken by the respondent to ensure the security and
confidentiality of the data or information; and chanrobles virtual law library
(iii) the currency
and accuracy of the data or information held; and,
(c) Other
allegations relevant to the resolution of the proceeding.
A general denial of
the allegations in the petition shall not be allowed.
Sec. 11. Contempt.
- The court, justice or judge may punish with imprisonment or fine a
respondent who commits contempt by making a false return, or refusing
to make a return; or any person who otherwise disobeys or resist a
lawful process or order of the court.
Sec. 12. When
Defenses May be Heard in Chambers. - A hearing in chambers may be
conducted where the respondent invokes the defense that the release of
the data or information in question shall compromise national security
or state secrets, or when the data or information cannot be divulged to
the public due to its nature or privileged character.
Sec. 13. Prohibited
Pleadings and Motions. - The following pleadings and motions are
prohibited:
(a) Motion to
dismiss;
(b) Motion for
extension of time to file return, opposition, affidavit, position paper
and other pleadings; chanrobles virtual law library
(c) Dilatory motion
for postponement;
(d) Motion for a
bill of particulars;
(e) Counterclaim or
cross-claim;
(f) Third-party
complaint;
(g) Reply;
(h) Motion to
declare respondent in default;
(i) Intervention;
(j) Memorandum;
(k) Motion for
reconsideration of interlocutory orders or interim relief orders; and
(l) Petition for
certiorari, mandamus or prohibition against any interlocutory order.
Sec. 14. Return;
Filing. - In case the respondent fails to file a return, the court,
justice or judge shall proceed to hear the petition ex parte, granting
the petitioner such relief as the petition may warrant unless the court
in its discretion requires the petitioner to submit evidence. chanrobles virtual law library
Sec. 15. Summary
Hearing. - The hearing on the petition shall be summary. However, the
court, justice or judge may call for a preliminary conference to
simplify the issues and determine the possibility of obtaining
stipulations and admissions from the parties. chanrobles virtual law library
Sec. 16. Judgment.
- The court shall render judgment within ten (10) days from the time
the petition 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.
Upon its finality,
the judgment shall be enforced by the sheriff or any lawful officers as
may be designated by the court, justice or judge within five (5)
working days.
Sec. 17. Return of
Service. - The officer who executed the final judgment shall, within
three (3) days from its enforcement, make a verified return to the
court. The return shall contain a full statement of the proceedings
under the writ and a complete inventory of the database or information,
or documents and articles inspected, updated, rectified, or deleted,
with copies served on the petitioner and the respondent.
The officer shall
state in the return how the judgment was enforced and complied with by
the respondent, as well as all objections of the parties regarding the
manner and regularity of the service of the writ.
Sec. 18. Hearing on
Officer-s Return. - The court shall set the return for hearing with due
notice to the parties and act accordingly. chanrobles virtual law library
Sec. 19. Appeal. -
Any party may appeal from the final judgment or order to the Supreme
Court under Rule 45. The appeal may raise questions of fact or law or
both. chanrobles virtual law library
The period of
appeal shall be five (5) working days from the date of notice of the
judgment or final order.
The appeal shall be
given the same priority as in habeas corpus and amparo cases.
Sec. 20.
Institution of Separate Actions. - The filing of a petition for the
writ of habeas data shall not preclude the filing of separate criminal,
civil or administrative actions.
Sec. 21.
Consolidation. - When a criminal action is filed subsequent to the
filing of a petition for the writ, the latter shall be consolidated
with the criminal action.
When a criminal
action and a separate civil action are filed subsequent to a petition
for a writ of habeas data, the petition shall be consolidated with the
criminal action.
After
consolidation, the procedure under this Rule shall continue to govern
the disposition of the reliefs in the petition.
Sec. 22. Effect of
Filing of a Criminal Action. - When a criminal action has been
commenced, no separate petition for the writ shall be filed. The relief
under the writ shall be available to an aggrieved party by motion in
the criminal case.
The procedure under
this Rule shall govern the disposition of the reliefs available under
the writ of habeas data.
Sec. 23.
Substantive Rights. - This Rule shall not diminish, increase or modify
substantive rights.
Sec. 24. Suppletory
Application of the Rules of Court. - The Rules of Court shall apply
suppletorily insofar as it is not inconsistent with this Rule. chanrobles virtual law library
Sec. 25.
Effectivity. - This Rule shall take effect on February 2, 2008,
following its publication in three (3) newspapers of general
circulation. chanrobles virtual law library
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