Professional Documents
Culture Documents
HABEAS DATA
BELENO|LACONICO|SILVA
Habeas Data as a Legal Notion
SECTION 7.
OR
in case of urgent necessity, the justice or judge
may issue the writ under his or her hand, and
may deputize any officer or person to serve it.
The writ shall 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 issuance.
How is the writ served?
SECTION 9.
SECTION 8.
A clerk of court who refuses to issue the writ
OR
a deputized person who refuses to serve the
same
shall be punished for contempt
without prejudice to other disciplinary
actions.
May a petition for habeas data be filed if
there is a pending criminal action?
SECTION 22.
SECTION 20.
SECTION 10.
SECTION 12.
Hearing in Chambers
a. the release of the data or information in question
shall compromise national security or state secrets
or
b. when the information cannot be divulged to the
public due to its nature or privileged character
What if the respondent fails to
make a return?
FACTS
Petition to be granted the privilege of the writs
of amparo and habeas data
Court issued writ of amparo, commanding
return, referred the case to the CA (hearing &
decision)
Being followed by “Joel”; afraid of Pvt. Osio in
Calapan pier
SAEZ v. MACAPAGAL-ARROYO
G.R. No. 183533 (2012)
CA’s Ruling
CA denied on formal and substantial grounds
the reliefs prayed for in the petition and
dropping former President Gloria Macapagal
Arroyo as a respondent.
Section 16, Rule on the WHB - the parties shall
establish their claims by substantial evidence.
This, the petitioner failed to do
SAEZ v. MACAPAGAL-ARROYO
G.R. No. 183533 (2012)
ISSUE
Whether there were substantial evidence to
prove petitioner’s claims
SAEZ v. MACAPAGAL-ARROYO
G.R. No. 183533 (2012)
RULING
Section 19 of both the Rules on the Writ of
Amparo and Habeas Data is explicit that
questions of fact and law can be raised before
the Court in a petition for review on certiorari
under Rule 45.
The Court agrees with the CA that the petitioner
failed to discharge the burden of proof imposed
upon him by the rules to establish his claims.
CONCLUSION