Writ of

Habeas Data
 INSERT
GREETING
Hello!
I am Vicco G. Piodos
VIDEO
HERE
-------------------------------------------------

2
 What is the nature of the
Hearing of this remedy?

﹡ (Section 15) 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.
3
 Are there any other ways or
provision to aid corroborate the
summary nature of this
remedy?
﹡ In order to simplify the case, the
court may require the parties to
attend a preliminary conference to:
○ Simplify the issues; and
○ Determine the possibility of
obtaining stipulations and
admissions from the parties.
4
What is the period for the court
to render judgment?
﹡ (SEC. 16. ) The court shall render
judgment within ten (10) days from
the time the petition is submitted for
decision.

5
What is the Quantum of Proof
before the privilege of the Writ
of Habeas Data may be
extended?
Substantial Evidence
A requirement before the privilege of
the writ may be extended is the showing,
at least by substantial evidence actual or
threatened violation of the right to privacy
in life, liberty or security of the petitioner.

6
 What do you mean by
Substantial Evidence?
﹡ such amount of relevant evidence which a
reasonable mind might accept as
adequate to support a conclusion. It is
more than a mere scintilla of evidence.
﹡ It need not be overwhelming or
preponderant, as is required in an ordinary
civil case, or evidence beyond reasonable
doubt, as is required in criminal cases, but
the evidence must be enough for a
reasonable mind to support a conclusion.
○ (Miro v vda. De Erederos et al)
7
﹡ In Saez vs. Arroyo, the Court
recognized the evidentiary
difficulties attendant to the filing of
a petition for the privilege of the writ
of habeas data. In this case, the
Court ruled that “not only direct
evidence, but circumstantial
evidence, indicia, and
presumptions may be
considered, so long as they lead to
conclusions consistent with the
admissible evidence adduced.”
8
﹡ Thus in Roxas vs. Arroyo, the quantum of
evidence required was NOT met. The Couer
held that the act of keeping records of
investigations and other reports about
Roxas’ ties with the CPP-NPA was not
adequately proven considering that the
existence of such records is merely inferred
from the video and photograph released by
Representatives Palparan and Alcover in
their press conference. Lastly, no evidence
shows that any of the public respondents
had access to such video or photograph.

9
﹡ Lastly, in Lee vs. Ilagan, The Court held proof on
the nexus between one’s privacy right to the
cogent rights to life, liberty or security are crucial
in habeas data cases, so much so that a failure on
either account certainly renders a habeas
data petition dismissible, as in this case.
﹡ In this case, Ilagan failed to explain the
connection between his privacy interest over a
video and any violation of his right to life, liberty
or security.
﹡ all that Ilagan submitted in support of his
testimony are self-serving testimony which hardly
meets the substantial evidence requirement

10
 What will the Court order?
﹡ 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.

11
 What happens next?
﹡ 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.

12
What happens after the period
of enforcement of the writ?
(Sec 17) The officer who executed the
final judgment shall, within three (3)
days from its enforcement, make a
verified return to the court.

13
 What shall the return
﹡ a contain?
full statement of the proceedings
under the writ
﹡ and a complete inventory of the
database or information, or
documents and articles inspected,
updated, rectified, or deleted,
with copies served on the petitioner
and the respondent.

14
﹡ The officer shall state in the return:
○ how the judgment was enforced
and complied with by the
respondent,
○ as well as all objections of the
parties regarding the manner and
regularity of the service of the
writ.

15
What is the Period for Return of
Service?
Three (3) days from the day of the
enforcement of the final judgment is
given to the officer who executed it to
make a verified return.

16
 Hearing on Officer’s Verified
Return
﹡ (Sec 18) The court shall set the
return for hearing
﹡ with due notice to the parties and
act accordingly.

17
 Appeal
﹡ (Sec 19) 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.
18
Institution of Separate Actions
﹡ (Sec 20) The filing of a petition for
the writ of habeas data shall not
preclude the filing of separate
criminal, civil or administrative
actions.

19
 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 (Sec 22)
﹡ The procedure under this Rule shall
govern the disposition of the reliefs
available under the writ of habeas
data.
20
 Consolidation
﹡ Situations:
○A criminal action is filed
subsequent to the filing of a
petition for the writ
○ A criminal action and a separate
civil action are filed subsequent
to a petition for a writ of habeas
data
21
﹡ Effect: the petition shall be
consolidated with the criminal action
﹡ After consolidation, the procedure
under the Rule shall continue to
govern the disposition of the reliefs
in the petition.

22
 What are is effect of the Rule
on a party’s Substantive
Rights?
﹡ (Sec 23) The Rule shall not diminish,
increase or modify substantive
rights.

23
 Rules of Court
﹡ (Sec 24) The Rules of Court shall
apply suppletorily insofar as it is not
inconsistent with this Rule.

24
 INSERT
GREETING
VIDEO
Thank
HERE you!
I am Vicco G. Piodos
-------------------------------------------------

25