SC approves draft of writ on public’s ‘right to truth’
01/22/2008 | 07:49 PM
The Supreme Court on Tuesday approved during an en banc session the draft rules on the implementation of the writ of habeas data, which the high court said would uphold the public’s “right to truth."
Lawyer Jose Midas Marquez, spokesman of the Supreme Court, said minor provisions in the Rules were still being fine-tuned by the justices. He said the Rules would take effect on February 2.
The writ of habeas data was conceptualized by the Supreme Court after the promulgation of the writ of amparo, in a bid to address the spate of extrajudicial killings and enforced disappearances in the country.
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.
According to the Rules, a petition for habeas data may be filed with the regional trial court, Court of Appeals, Sandiganbayan or the SC when the action concerns public data files of the government offices.
Section 10 of the Rules 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.
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 to strengthen petitioner's right to privacy.
The court where the petition is filed 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 Rules state.
Puno earlier said that the writ "will expose all the falsehoods, all the fabrications that public authorities and private persons usually put up to evade responsibility in cases of extralegal killings and involuntary disappearances."
Through a petition for the issuance of a writ of habeas data, a person can ask the court to allow him to find out what information is held about him.
That person can also request, through the writ of habeas data, the rectification, actualization or even the destruction of the personal data being held.
The legal nature of the individual complaint of habeas data is that of voluntary jurisdiction. This means that the person whose privacy is being compromised can be the only one to present it. The courts do not have any power to initiate the process by themselves. - GMANews.TV
Lawyer Jose Midas Marquez, spokesman of the Supreme Court, said minor provisions in the Rules were still being fine-tuned by the justices. He said the Rules would take effect on February 2.
The writ of habeas data was conceptualized by the Supreme Court after the promulgation of the writ of amparo, in a bid to address the spate of extrajudicial killings and enforced disappearances in the country.
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.
According to the Rules, a petition for habeas data may be filed with the regional trial court, Court of Appeals, Sandiganbayan or the SC when the action concerns public data files of the government offices.
Section 10 of the Rules 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.
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 to strengthen petitioner's right to privacy.
The court where the petition is filed 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 Rules state.
Puno earlier said that the writ "will expose all the falsehoods, all the fabrications that public authorities and private persons usually put up to evade responsibility in cases of extralegal killings and involuntary disappearances."
Through a petition for the issuance of a writ of habeas data, a person can ask the court to allow him to find out what information is held about him.
That person can also request, through the writ of habeas data, the rectification, actualization or even the destruction of the personal data being held.
The legal nature of the individual complaint of habeas data is that of voluntary jurisdiction. This means that the person whose privacy is being compromised can be the only one to present it. The courts do not have any power to initiate the process by themselves. - GMANews.TV
