Republic of the Philippines

Fifth Judicial Region

REGIONAL TRIAL COURT
Branch V
Legazpi City

JUAN CARDO DELA CRUZ DALISAY, SPEC. PRO. NO. 001191

Petitioner, FOR: WRIT OF HABEAS
DATA
-versus-

PO2 FAURO BARREDO, MARLOU AROZALA

AND WILFREDO MARCAIDA alias PIPOY,
Respondents

PETITION FOR WRIT OF HABEAS DATA

I. 
NATURE OF THE PETITION 

1. This is a petition for the writ of habeas data filed under A.M. No. 08-1-16-SC, also known
as the Rule on the Writ of Habeas Data to require the respondent/s to produce and, if
necessary update and rectify, or, in the alternative, suppress or destroy information within its
control and/or contained in its database, which relates to petitioner, his/her family, his/her home
and his/her correspondence. 

2. Petitioner respectfully submits that respondent obtained the information through an unlawful
act, has unjustifiably failed to disclose the information to petitioner, and/or has unjustifiably
refused to update, rectify, suppress or destroy the information. 

3. This act or omission of respondent to comply with petitioner's demand is a violation of, or
poses a threat of violation to, petitioner's right to privacy in life, liberty and security. 

4. In view of the foregoing, petitioner brings this petition before this Honorable Court
praying that the respondent be required to cause the immediate production of the information
requested so that the same may be revealed to petitioner for proper updating, rectification or, in
the alternative, for its suppression or destruction, whatever may be necessary to protect
petitioner's privacy. 

5. Finally, petitioner respectfully submits that he/she is an indigent person and prays that this
Honorable Court exempt him/her from docket and other legal fees in this case, subject to the
submission of proof of his/her indigency within fifteen days from the filing of this petition. 
 II 
PARTIES 

6. Petitioner is a Filipino, of legal age, and residing at [state address]. He/she may be served with
notices from this Honorable Court through his/her undersigned counsel. 

7. Respondent is being impleaded in his capacity as a public officer or employee, in charge of the
information or database of [state office], which office is engaged in the gathering, collecting, and
storing of data. He/She may be served summons and other processes of this Honorable Court at
the [state office address]. Respondent is of legal age, residing at [state address] and is engaged in
the gathering, collecting, and storing of data. He/She may be served summons and other
processes of this Honorable Court at the [state office address]. 

8. Respondent is a corporation organized and existing by virtue of the laws of the Republic of the
Philippines. It is engaged in the gathering, collecting, and storing of data. It may be served
summons and other processes of this Honorable Court at [state office address]. 

III 
MATERIAL ALLEGATIONS 

9. Petitioner is a citizen of the Republic of the Philippines whose right to privacy is protected by
the Bill of Rights found in Article III of the 1987 Philippine Constitution, which provides: 

        Section 3. (1) The privacy of communication and correspondence shall be inviolable

except upon lawful order of the court, or when public safety or order requires otherwise as
prescribed by law. 

            Any evidence obtained in violation of this or the preceding section shall be inadmissible
for any purpose in any proceeding. 

         Section 7. The right of the people to information of matters of public concern shall be
recognized. 

     Access to official records and documents, and papers pertaining to official acts, transactions,
or decisions as well as to government research data used as basis for policy development, shall
be afforded the citizen, subject to such limitations as may be provided by law. 

10. Also, in Lourdes T. Marquez vs. Hon. Aniano A. Desierto, et al., this Honorable Court had
occasion to rule:

                 Zones of privacy are recognized and protected in our laws. The Civil Code provides
that "[e]very person shall respect the dignity, personality, privacy, and peace of mind of
his neighbors and other persons" and punishes as actionable torts several acts for meddling
and prying into the privacy of another. It also holds a public officer or employee or any
private individual liable for damages for any violation of the rights and liberties of another
person, and recognizes the privacy of letters and other private communications. The Revised
Penal Code makes a crime of the violation of secrets by an officer, the revelation of trade
and industrial secrets, and trespass to dwelling. Invasion of privacy is an offense in special
laws like the Anti-Wiretapping Law, the Secrecy of Bank Deposits Act, and the Intellectual
Property Code. (G.R. No. 135882, June 27, 2001.) 

11. Finally, Republic Act 6713, known as the Code of Conduct and Ethical Standards for Public
Officials and Employees, makes it a duty of every public officer and employee to allow the
inspection of all public documents, and to respond to requests within fifteen days. Viz: 

                  Section 5. Duties of Public Officials and Employees. — In the performance of their

duties, all public officials and employees are under obligation to:
 
(a) Act promptly on letters and requests. — All public officials and employees shall, within
fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means of
communications sent by the public. The reply must contain the action taken on the request. 
xxx                  xxx               xxx
(e) Make documents accessible to the public. — All public documents must be made accessible
to, and readily available for inspection by, the public within reasonable working hours. 

12. On [date], petitioner requested access to all information held about him/her by the
respondent, within fifteen days from respondent's receipt. A copy of the written request is
attached as Annex "A". 

13. The period given to respondent to allow petitioner access to its database has already lapsed.

14. As a result of respondent's failure or unjustifiable refusal to allow access to its database,
petitioner’s right to privacy is being violated. 

15. The use and possible dissemination of the information held by respondent is an unlawful
intrusion into petitioner's privacy, which intrusion threatens to ultimately violate petitioner's right
to life, liberty and security. 

16. The information which remains hidden from petitioner is in the database of respondent
located in the following offices: [state the offices or known location of the information]. 

PRAYER 

WHEREFORE, petitioner prays that this Honorable Court give due course to this petition and
issue the writ of habeas data and rule, as follows: 

1. Upon the filing of the petition, ENJOIN respondent from disseminating the information; 

2. Upon notice and hearing, ORDER respondent to: 
a. Produce the information in its possession regarding petitioner's person, his/her family, home
and correspondence; 
b. Correct, suppress or destroy the information in its database, whatever may be applicable as
determined by this Honorable Court; and 
c. Rectify the damage caused to petitioner's reputation by making a public apology to petitioner,
which shall be circulated in the manner and to such persons as the petitioner may deem
appropriate. 

Other reliefs just and equitable under the premises are likewise prayed for.

Legazpi City, Albay, Philippines, this 8th day of March 2020

Name Atty. Lavender Ramirez

Roll of Attorney No. 56789 
PTR No. 123456/03Jan2021/Legazpi City
IBP Lifetime No. 98765/03June2016/Legazpi
City
MCLE Compliance No: V-19911/05Apr2019

RAMIREZ AND SUAREZ LAW OFFICE

3rd Floor, Right Wing, Landco Business Park,
Capantawan, Legazpi City, Albay, 4500
Contact Nos.: 0919999911/ 820-1234
Email Add.: ramirez-suarez2015@gmail.com

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

I, JUAN CARDO DELA CRUZ DALISAY, of legal age, married with
residence and postal address at 528 Ilawod, Legazpi City, Albay after having
been duly sworn to in accordance with law, depose and say that:

1. That I am the Petitioner in this case.

2. That I caused the preparation of the foregoing PETITION, the

contents of which are true and correct of my personal knowledge
and/or based on authentic records;

3. That I have not heretofore commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial
agency and to the best of my knowledge, no such action or claim is
pending therein, if I should hereafter learn that the same or similar
 action or claim has been filed or pending, I shall report that fact
within five days therefrom to this Honorable Court.

FURTHER I SAYETH NOT.

JUAN CARDO DELA CRUZ DALISAY

Competent Evidence of Identity: __________

SUBSCRIBED AND SWORN to before me this _____________, at

Legazpi City the above affiant exhibiting to me his competent evidence of
identity.

WITNESS MY HAND AND SEAL.

Notary Public
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2020.

Table of Attachments:

ANNEX A Affidavit of Juan Carlo Dalisay

ANNEX B Medical Certificate dated March 01, 2020.
ANNEX C Affidavit of PO2 Fauro Barredo
ANNEX D Police Investigation Report dated February 29, 2020.