Inquiry:

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DY, a filmmaker, published a teaser of his movie where VS was referred to as a rapist. Aggrieved, VS filed a petition for writ of habeas data seeking the removal of any information about him used in the promotion of DY’s upcoming film.  What will happen to DY should the court grant the petition for writ of habeas data filed by VS?

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Answer:

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Under A.M. No. 08-1-16-SC or the Rule on the Writ of Habeas Data,  the writ is a remedy available to any person whose right to privacy in life, liberty, or security is violated or threatened by an unlawful act of a public official or employee or of a private individual engaged in the gathering, collecting, or storing data or information regarding the person, family, home, and correspondence of the aggrieved party. 

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If the court finds the petition sufficient on its face, it will allow the issuance of the writ itself. The writ shall set the date and time for a summary hearing of the petition and order the respondent to file a verified written return or a reply where he shall raise his lawful defenses or other allegations relevant to the resolution of the proceeding. If the respondent fails to file his written return, the court shall proceed to hear the petition ex parte, and resolve it according to the merits of the petition.

Upon receipt of the written return, the summary hearing shall commence. 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 relief. Such is the privilege of the writ of habeas data.

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Considering these, the writ of habeas data differs from the privilege of the writ of habeas data. The writ simply requires the respondent to respond to the petitioner's allegations and sets a date for a summary hearing. Only after providing the respondent the opportunity to be heard can the court determine whether the writ's privilege should be granted to the aggrieved party. 

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In this hypothetical inquiry, if the court finds VS's petition sufficient in form, it will issue a writ ordering DY to file a written return and explain why he should not be ordered to destroy, delete, or rectify the information he used in his upcoming film. Due process, in the form of a summary hearing, is always observed to allow the court to determine whether or not VS is entitled to the privilege of the writ of habeas data.

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Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance on the writ of habeas data, consult with a legal professional.

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Padin & Partners Law Offices is a full-service law firm based in Cebu City, Cebu Philippines, that offers legal services such as drafting and filing a petition for writ of habeas data in Cebu City, Cebu, Philippines. For consultations: book an appointment or reach us at +63 (32) 316-1540 or +63 917 188 0361.

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