Habeas Data

Habeas Data
A. M. No. 08-1-16-SC
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.
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:
(a) Any member of the immediate family of the

aggrieved party, namely: the spouse, children and
parents;
(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
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.
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.
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
 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;
(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.
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
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.
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.
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;
(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.

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.
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.
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.
 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.
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.
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.
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.
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.
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.
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.
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.

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(a) Any member of the immediate family of the

(b) Any ascendant, descendant or collateral relative of

The petition may also be filed with the Supreme

(f) Such other relevant reliefs as are just and

(a) The lawful defenses such as national security,

 A general denial of the allegations in the petition shall not be allowed.

(a) Motion to dismiss;

(b) Motion for extension of time to file return,

(c) Dilatory motion for postponement;

(d) Motion for a bill of particulars;

The procedure under this Rule shall govern the

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