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Thursday, March 13, 2008

 

SC issues first habeas data writs 


The Supreme Court issued on Wednesday two writs of habeas data, marking the writ’s first issuance since the promulgation of the habeas data guidelines on February 2.

The habeas data rules were promulgated as a remedy to enforce the right to informational privacy and the complementary “right to truth”, and as additional remedy to protect the right to life, liberty or security of a person.

In separate two-page resolutions dated March 11, the High Court en banc resolved to grant two separate petitions for the writs of habeas data and amparo, filed by Ayala Foundation, Inc. Executive Vice President Guillermo Luz and Anakpawis party-list member Francis Saez, on March 3 and March 5, 2008, respectively.

This brings to 23 the total number of amparo writs issued since the amparo rules took effect on October 24, 2007.

In both cases, the respondents included Armed Forces of the Philippines (AFP) Chief Gen. Hermogenes Esperon and Philippine National Police Chief, Director-General Avelino Razon Jr.

In his petition, Luz prayed that Esperon and involved military agents appear before the Court of Appeals to confirm whether the military has been conducting surveillance operations on him for his suspected involvement in a plot to oust President Gloria Arroyo, particularly that of his alleged participation in Peninsula Hotel standoff.

Meanwhile, Saez asked the Court to ask respondents, including Esperon, to take his name out from the “list of persons who are considered as targets for neutralization by the [AFP].” He also seeks the destruction of documents that he claimed the AFP had forced him into signing, which stated he is a rebel returnee and agreed to become an intelligence asset.

The Court likewise resolved to grant the petition for amparo filed by Traveler’s News Publisher Nilo Baculo Sr. who prayed for protection from an alleged murder plot by respondents Mayor Paulino Salvador Leachon and other officials of Calapan City, Oriental Mindoro. Baculo exposed alleged anomalies in the locality.

   

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Severino O. Frayna Jr., Benjie Dela Rosa
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