THE RULE ON WRIT OF HABEAS DATA

SECTION 1. HABEAS DATA - The writ of habeas data is a remedy available to one person whose right to privacy in life, liberty, or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting, or storing of data or information regarding the person, family, home, and correspondence of the aggrieved party.

SECTION 2. WHO MAY FILE - Any aggrieved party may file a petition for the writ of habeas data. However, in cases of extralegal killings and enforced disappearances, the petition may be filed by:

1. Any member of the immediate family of the aggrieved party, namely: the spouse, children, and parents; or
2. Any ascendant, descendant, or collateral relative of the aggrieved party within the 4th civil degree of consanguinity or affinity, in default of those mentioned in the preceding paragraph.

SECTION 3. WHERE TO FILE - RTC where the petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected, or stored, at the option of the petitioner.

The petition may also be filed with the Supreme Court or the Court of Appeals or the Sandiganbayan when the action concerns public data files of government offices.

SECTION 4. WHERE RETURNABLE; ENFORCEABLE - When the writ is issued by an RTC or any judge thereof, it shall be returnable before such court or judge.

When issued by the CA or Sandiganbayan or any of its justices, it may be returnable before such court or any justice thereof, or to any RTC of the place where the petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected, or stored.

When issued by the SC or any of its justices, it may be returnable before such Court or any justice thereof, or before the CA or the Sandiganbayan or any of its justices, or to any RTC of the place where the petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected, or stored.

The writ of habeas data shall be enforceable anywhere in the Philippines.

SECTION 5. DOCKET FEES - No docket fees shall be required from an indigent petitioner. The petition of the indigent shall be docketed and acted upon immediately, without prejudice to subsequent submission of proof of indigency not later than 15 days from filing thereof.

SECTION 6. PETITION - A verified petition for a writ of habeas data should contain:

1. The personal circumstances of the petitioner and the resident;
2. The manner the right to privacy is violated of threatened and how it affects the right to life, liberty, or security of the aggrieved party;
3. the actions and recourses taken by the petitioner to secure the data or information;
4. The location of the files, registers, or databases, the government office, ans the person in charge, in possession or in control of the data or information if known;
5. The reliefs prayed for, which may include the updating, rectification, suppression, or destruction of the data base or information of flies kept by the respondent.
   
   In case of threats, the relief may include a prayer for an order enjoining the act complained of; and
   
6. Such other relevant reliefs as are just and equitable.

SECTION 7. ISSUANCE OF THE WRIT - Upon filing of the petition, the court, justice, or judge shall immediately order the issuance of the writ if on the face it ought to issue. The clerk of court shall issue the writ under the seal of the court ans cause it to be serves within 3 days form issuance, or in case of urgent necessity, the justice or judge may issue the writ under his or her own hand, and may deputize any officer or person to serve it.

The writ shall also set the date and time for summary hearing of the petition which shall not be later than 10 working days form date of issuance.

SECTION 9. HOW THE WRIT IS SERVED - The writ shall be served upon the respondent by a judicial officer or bay a person deputized by the court, justice, or judge who shall retain a copy on which to make a return of service. In case the writ cannot be served personally on the respondent, the rules on substituted service shall apply.

SECTION 13. PROHIBITED PLEADINGS AND MOTIONS - The following pleadings and motions are prohibited:

1. Motion to dismiss
2. Motion for extension of time to file return, opposition, affidavit, position paper, and other pleadings;
3. Dilatory motion for postponement;
4. Motion for bill of particulars;
5. Counterclaim or cross-claim;
6. Third-party complaint;
7. Reply;
8. Motion to declare respondent in default;
9. Intervention;
10. Memorandum;
11. Motion for reconsideration of interlocutory orders or interim relief orders; and
12. Petition for certiorari, mandamus, or prohibition against any interlocutory order.

SECTION 14. RETURN; FILING - In case the respondent fails to file a return, the court, justice, or judge shall proceed to hear the petition ex parte, granting the petitioner such relief as the petition may warrant unless the court in its discretion requires the petitioner to submit evidence.

SECTION 15. SUMMARY HEARING - The hearing on the petition shall be summary. However, the court, justice, or judge may call for a preliminary conference to simplify the issues ans determine the possibility of obtaining stipulations and admissions from the parties.

SECTION 16. JUDGMENT - The court shall render judgment within 10 days from the time the petition is submitted for decision. 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 reliefs as may be just and equitable; otherwise, the privilege of the writ shall be denied.

Upon its finality, the judgment shall be enforced by the sheriff or any lawful officers as may be designated by the court, justice, or judge within 5 working days.

SECTION 19. APPEAL - Any party may appeal from the final judgment or order to the SC under Rule 45. The appeal may raise questions of fact or law or both.

The period of appeal shall be 5 working days from date of notice of the judgment or final order.

The appeal shall be given the same priority as in habeas corpus and amparo cases.

SECTION 20. INSTITUTION OF SEPARATE ACTIONS - The filing of a petition for the writ of habeas data shall not preclude the filing of separate criminal, civil, or administrative actions.

SECTION 21. CONSOLIDATION - When a criminal action is filed subsequent to the filing of a petition for the writ, the latter shall be consolidated with the criminal action.

When a criminal action and a separate civil action are filed subsequent to a petition for writ of habeas data, the petition shall be consolidated with the criminal action.

After consolidation, the procedure under this Rule shall continue to govern the disposition of the reliefs in the petition.

SECTION 22. EFFECT OF FILING OF A CRIMINAL ACTION - 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.

SECTION 23. SUBSTANTIVE RIGHTS - This Rule shall not diminish, increase, or modify substantive rights.

SECTION 25. EFFECTIVITY - 2 February 2008.