Supreme Court releases first writs of habeas data

MANILA, Philippines - The Supreme Court has issued the first two writs of habeas data since the rules were issued last month on the newest remedy to enforce the right to informational privacy. It was announced in a statement Wednesday that the court en banc, in two separate resolutions dated March 11, granted the petitions for writs of habeas data and amparo filed by Guillermo M. Luz, Ayala Foundation, Inc. executive vice-president, and Anakpawis party-list member Francis Saez filed on March 3 and 5, respectively. The respondents in both cases were Armed Forces chief Gen. Hermogenes C. Esperon, Jr., Philippine National Police chief Director-General Avelino I. Razon, Jr., and other government officials. The Court of Appeals was ordered to separately hear each petition on March 18 and decide based on the rules. Promulgated on Feb. 2, the rules on habeas data is an independent remedy for the "right to truth" provided by the court, while the writ of amparo is an additional remedy to protect he right to life, liberty, or security of a person. In his petition for amparo and habeas data, Mr. Luz, former executive director of the Makati Business Club who has been vocal against the administration, asked that Mr. Esperon and involved military officials to appear before the court and confirm or deny whether surveillance operations were being conducted on him for his suspected involvement in a plot to oust President Gloria Macapagal-Arroyo, and his alleged participation in the so-called Pen coup. He also asked the presentation of photographs, reports, data, or information gathered in the "case buildup" against him, and enjoined the respondents to respect his "right to be left alone" after a hearing to "demonstrate utter lack of basis to put him under any form of surveillance." Mr. Luz also asked the respondents to stop the case buildup, and to destroy any database of information on him. Mr. Saez, meanwhile, asked respondents President Gloria Macapagal-Arroyo, Mr. Esperon, and other involved persons to produce the "order of battle" containing his name, and that his name be stricken out of the "list of persons who are considered as targets of neutralization by the [Armed Forces of the Philippines]." The high court said the writs of amparo and habeas data were remedies to protect the constitutional rights of the people, created by the court based on its rule-making power under the Constitution. They were also issued based on the recommendations of the National Consultative Summit on Extrajudicial Killings and Enforced Disappearances called by Chief Justice Reynato S. Puno on July 16-18, 1987. The summit was held on mounting calls by the international community for the government to address extrajudicial deaths. There are now 23 amparo writs issued since the rule on the writ of amparo took effect on Oct. 24, 2007. - BusinessWorld