Part VIII. Forms Relevant to the Writs of
B. Writ of Habeas Data
Under A.M. No. 08-01-16-SC, the Rule on the Writ of Habeas Data, anyone 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, can file a petition for the issuance of a writ of habeas data. BUT, this remedy is NOT AVAILABLE for violations or threatened violations of the right to property per se, except where the right to property is connected to the right to liberty such that the latter right cannot be vindicated without addressing the threat to or violation of the right to property.
The petition can be filed by the aggrieved party.BUT, in cases of extralegal killings and enforced disappearances: a member of his immediate family (i.e., spouse, children & parents), or an ascendant, descendant or collateral relative within the 4th civil degree of consanguinity or affinity can file the petition. The petition may be filed with any of the following courts, and the writ is enforceable anwhere in Philippines.
a. RTC of place where the
petitioner/respondent resides OR that which has jurisdiction over the place where the data/information is gathered/collected/stored at the petitioner’s option
AND when the action concerns public data files of government offices:
b. Sandiganbayan or Court of Appeals or any justice there
c. Supreme Court or any justice there The petition MUST include all of the following: 1. Personal Circumstances of the Petitioner
and the Respondent
2. Manner the Right of Privacy is Violated or Threatened and HOW it Affects the Right to Life, Liberty or Security of the Aggrieved Party
3. Actions and Recourses Taken by the Petitioner to Secure Data/Info
4. Location of the Files, Registers or Databases, the Government Office, and the Person in Charge/Possession/Control of Data/Info, if known
5. Reliefs Prayed For
The Court may order, by way of final relief that the act be enjoined or the data
* In case of threats, the relief may include INJUNCTION.
6. Other Relevant Reliefs as are Just and Equitable
*7. Certification against Forum Shopping WON this certification is necessary is
debatable. The Rule does not expressly require a Certification and the Rule forbids the filing of a motion to dismiss. HOWEVER, Sec. 5, Rule 7, RoC, which is the general rule on all initiatory pleadings may be used to justify the need for such a certification.
Since only indigents are exempted from paying docket fees and other lawful fees, they must submit their proof of indigency within 15 DAYS from the filing of the petition.
The VERIFIED return, which must be filed within 5 WORKING DAYS after service of writ (subject to reasonable extension for justifiable reasons) MUST include all of the following:
1. Lawful Defenses
e.g. national security, state secrets,
privileged communications,
confidentiality of the source of info of media and others
2. In Case of Respondent in
Charge/Possession/Control of Data/Info: a. disclosure of data/info about petitioner,
nature of such data/info and purpose for its collection
b. steps or actions taken by the respondent to ensure the security and confidentiality of the data or information c. currency and accuracy of the data or
information held
3. Other Allegations Relevant to Resolution The PROHIBITED pleadings and motions are the SAME as in the writ of amparo, to wit: 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 a 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
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L E G A L F O R M SStandard Form of a Petition for the Issuance of a Writ of Habeas Data:
[CAPTION AND TITLE]
Republic of the Philippines (COURT)
(Location) Name of Aggrieved Party or Relator,
Petitioner,
(Case No. _____________) - versus -
Name of Public Official/Employee Or Private Individual or Entity,
Respondent/s.
X --- X
PETITION
PETITIONER, by counsel, respectfully states that:
[PARTIES]
1. Petitioner/Relator is . . .
1.1. Personal/Professional Circumstances Relevant (if by Relator, state relationship of relator to victim)
1.2. Factual Statements Relevant to Grounds (Violation of Right to Privacy in Life, Liberty or Security or Threat thereof)
1.3. Contact Details 1.4. Other Relevant Details 2. Respondent/s is/are . . .
2.1. Personal/Professional Circumstances Relevant 2.2. Contact Details
2.3. Other Relevant Details
[BODY]
3. Statement of Facts
3.1. Chronology of Events Relevant to the right violated (e.g., enforced disappearance or extrajudicial killing) 3.2. Statement as to Judicial Affidavits (if any) of witnesses
3.3. Statement as to efforts exerted to vindicate the right/s and results of such efforts 4. Statement of Material Facts Relevant to any Interim Reliefs (if any)
5. Statement of Material Facts Relevant to Final Relief/s
[RELIEF]
WHEREFORE, . . .
(a) Interim Reliefs be granted immediately (b) Final Reliefs be granted after hearing (c) Interim Reliefs be made permanent (d) Other Reliefs be granted
[DATE AND PLACE]
[NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL] [VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING] [AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]
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L E G A L F O R M SStandard Form of a Return:
[CAPTION AND TITLE] [PARTIES]
[BODY]
1. Supporting Affidavits of respondents and their witness/es 2. Statement as to:
2.1. Lawful defenses to show that respondent/s did not violate or threaten with violation the rights subject of the Petition;
2.2. Disclosure of the data or information about the petitioner, the nature of such data or information and the purpose for its collection;
2.3. The steps or actions taken by the respondent/s to ensure the security and confidentiality of the data or information; and
2.4. The currency and accuracy of the data or information held; 2.5. Other allegations relevant to the resolution of the proceeding; 3. Opposition to Interim Reliefs applied for
[RELIEFS]
[DATE AND PLACE]
[NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL] [VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING] [AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]
* Most of these forms are based on Prof. Theodore Te’s Legal Forms v2009, while the others are based on “Philippine Legal Forms
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L E G A L F O R M SGlossary of Uncommon Terms
ABJURE - to renounce, repudiate or retract, esp. with solemnity, under oath; to recant.
AB INITIO - from the beginning
ABNEGATE - to refuse or deny oneself (rights, claims, conveniences, etc.); reject; give up ADDLEBRAINED - foolish; silly; having or
revealing a muddled or confused mind; stupid AD HOMINEM - appealing to one's prejudices,
emotions or special interest rather than to intellect or reason, as by attacking one's opponent rather than debating the issue. ADVENTITIOUS - added extrinsically; not
essentially inherent; out of the proper place or usual place.
A FORTIORI - with stronger reason AGRESTIC - rural; crude; uncouth
AIDE-MEMOIRE - a memorandum of a discussion; proposed agreement
ALEATORY - depending or pertaining to chance, luck or contingency; unpredictable
ALEXIPHARMAC - an antidote
AMICUS CURIAE - a friend of the court; a person appointed by the court as an impartial adviser. AMORPHOUS - without definite form; shapeless,
of no definite or particular type, kind or character; unorganized; vague.
ANACHRONISM - the representation of something as existing or occurring at other than its proper time, esp. earlier; anything that is or seems to be out of its proper time in history
ANCHORITE - a person who lives alone and apart from society for religious meditation; hermit; recluse
ANDROGYNOUS - exhibiting both male and female characteristics, esp. sexual ones; hermaphroditic
ANIMADVERT - to observe, censure; to comment or act upon something with disapproval; criticize adversely
ANTEBELLUM - before the war
ANTIPODE - anything diametrically opposed; exact opposite
ANTITHESIS - opposition; contrast; the direct opposite
APHORISM - a terse, pithy expression embodying a wise or clever observation or a general truth; maxim; adage
APOCALYPTIC - prophesying total destruction or great disasters; affording a revelation or prophesy; pertaining to the Apocalypse
APOCRYPHAL - of doubtful sanction, authorship or authority; uncanonical; false; spurious; counterfeit
APOGEE - the farthest or highest point
A POSTERIORI - from the effect to the cause; reasoning sequence opposed to a priori A PRIORI - reasoning sequence from cause to
effect
ARGUMENTUM AD ADSURDUM - an argument proving the absurdity of an opponent's argument
ARGUMENTUM AD HOMINEM - an argument to the individual man, i.e., to his interests and prejudices
ATHWART - across; against; opposed
ATRABILIOUS - sad; melancholy; morose; gloomy; irritable; bad-tempered
ATTORNEY AD HOC
A person named appointed by the court to defend an absentee defendant in the suit in which the appointment is made.
ATTORNEY-AT-LAW
That class of persons who are licensed officers of the courts empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence.
ATTORNEY IN FACT
An agent whose authority is strictly limited by the instrument appointing him. His authority is provided in a special power of attorney or general power of attorney or letter of attorney. He is not necessarily a lawyer.
ATTORNEY OF RECORD
The attorney whose name is entered in the records of an action or suit as the lawyer of a designated party thereto. (1999 BAR EXAMS) AUTARKY - national economic self-sufficiency; a
national policy of economic independence, esp. of getting along without imports
AUTODIDACT - a person who is self-taught AVANT GARDE - the advance group, the leaders,
or the radical in any field, esp. in the visual, literary or musical arts, whose works are characterized by unorthodox and experimental methods; vanguard
BAGATELLE - something of little value; an unimportant trifle; a short, light piece of music BAR AND BENCH
Bar refers to the whole body of attorneys and counselors collectively, the members of the legal profession.
Bench denotes the whole body of judges. BARRATRY
Offense of frequently inciting and stirring up quarrels and suits. The lawyer’s acts of fomenting suits among individuals and offering legal services to one of them. (1993 BAR EXAMS)
BEAU COUP - very much; very many
BEAU GESTE - a fine or beautiful gesture; an act or offer that seems fine, noble but is empty BEAU MONDE - fashionable society; elegant world BELLWETHER - a leader of a movement or
activity
BETE NOIRE - something or someone that a person particularly dislikes, fears, avoids, dreads or loathes
BILLINGSGATE - coarsely or vulgarly abusive language
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L E G A L F O R M SBLANDISHMENT - speech or action that flatter and tends to coax, entice or persuade; allurement
BLOVIATE - to orate verbosely and windily
BONHOME - good nature; pleasant and easy manner
BON VIVANT - a person who lives luxuriously and enjoys good food and drink; an epicure
BRAVURA - a display of daring; brilliant performance; dash
BRIO - animation; vivacity; zest
BUMPTIOUS - offensively assertive; disagreeably or excessively conceited, arrogant or forward CACHINNATE - to laugh loudly, immoderately or
excessively
CADGE - to obtain by imposing on another's generosity or friendship; to borrow without intent to repay
CARTE BLANCHE - full power or authorization CAVEAT EMPTOR - let the buyer beware
CAVIL - a trivial, annoying and pointless objection; quibble; the raising of trivial questions
CHIMERA - a horrible or unreal creature of the imagination; a vain, impossible or idle fancy CHUTZPAH - unmitigated effrontery or impudence;
shameless audacity; insolence CLAUDICANT - lame; having a limp
CLERISY - learned persons as a class; literati; intelligentsia; educated people as a class CLOY - to weary by an excess of something, as of
food; sweetness, richness or pleasure; surfeit; satiate; to become uninteresting or distasteful through overabundance
COGITATE - to think deeply or intently; to ponder; to meditate
COGNOSCENTI - those who are well-informed or have superior knowledge and understanding of a certain field, esp. of fine arts, literature or the world of fashion
COLLOCATE - to arrange or place together, esp. side by side; to arrange in proper order
COMMINATE - to threaten with divine vengeance COMPOS MENTIS - of sound mind
CONCATENATION - a series of links united; a series or order of things depending on each other as if linked together; a chain; succession CONDIGN - suitable to the fault or crime;
deserved; adequate
CONTRETEMPS - an inopportune or unfortunate occurrence; an embarrassing mischance; awkward mishap
CONUNDRUM - a riddle whose answer involves a pun; any puzzling question or problem
COUP DE GRACE - a death blow, esp. one delivered mercifully to end suffering by a mortally wounded person; any finishing or decisive stroke
DEFENESTRATION - the act of throwing a person or thing out of a window; a tossing out through a window
DEMIMONDE - a class of women who have lost social standing because of indiscreet behavior or sexual promiscuity
DEMOTIC - of or pertaining to the common people; popular; common
DE RIGUEUR - strictly required, as by etiquette, usage or fashion
DESULTORY - lacking in consistency, constancy, or visible order; disconnected; not methodical DETRITUS - loose material that is worn away from
rocks, debris
DIKTAT - a harsh settlement unilaterally imposed on a defeated party; an authoritative decree or order
EBULLIENT - overflowing with enthusiasm or excitement
EFFULGENCE - the state of being bright or radiant; brilliance
ESURIENT - hungry; voracious; greedy EXIGUOUS - extremely scanty; meager
EX PARTE - from one side only; other party is not around or absent
EX TEMPORE - without preparation; impromptu FAIT ACCOMPLI - a thing already done
FALSUS IN UNO, FALSUS IN OMNIBUS - false in one thing, false in everything. Legally, the entire testimony of a witness may be disregarded if some part of it is found to be false.
FARRAGO - a confused mixture; an assortment; a medley
FAUX PAS - a false step; a social blunder
FRIABLE - easily crumbled; pulverized or reduced to powder
FURBELOW - something showy or superfluous GAUCHERIE - lack of social grace; tactlessness GLABRIOUS - smooth; bald; without hair GRACILE - gracefully slender; thin
GRANDILOQUENT - speaking or expressed in a lofty highfalluting, pompous or bombastic style GRAVAMEN - the essential part of an accusation
or that which weighs most heavily or adversely against the accused
GRAVID - in the family way or pregnant
HABEAS CORPUS - a legal order directing somebody with custody of a person to bring the party in court
HALCYON - peaceful; calm; tranquil
HOLOGRAPHIC - wholly written by the person in whose name it appears, applies particularly to wills and testaments
HOUSE COUNSEL (or IN-HOUSE COUNSEL) One who acts as attorney for business though carried as an employee of that business and
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L E G A L F O R M SINCHOATE - in the early stages; not yet completely or clearly formed or organized; incipient
INCULPATE - to charge with fault; blame, accuse or involve in a charge
INEFFABLE - incapable of being expressed in words; unspeakable; indescribable
INELUCTABLE - impossible to avoid or evade; inevitable
IN LOCO PARENTIS - in the place of a parent IPSO FACTO - by the fact itself; by the nature of
the case
JINGO - a person who professes patriotism loudly or excessively
KVETCH - to complain; to whine
LAMBENT - playing lightly on or over a surface; flickering as a lambent flame
LEGERDEMAIN - sleight of hand
LOGORRHEA - excessive talkativeness or wordiness
MODUS VIVENDI - mode of living
MOIETY - one of equal parts; an indefinite part NE PLUS ULTRA - the highest point or
culmination; the highest point of perfection NIHILISM - total rejection of established laws and
institutions; extreme skepticism
NOBLESSE OBLIGE - the moral obligation of the rich to display honorable or charitable conduct NON COMPOS MENTIS - not of sound mind NON SEQUITUR - conclusion that does not follow
logically from the premises; a remark having no bearing on what has just been said
NUGATORY - of no real value; of no force or effect; ineffective
OBITER DICTUM - in court decisions, a statement made by way of opinion
ONUS PROBANDI - the burden of proof
OXYMORON - a figure of speech in which opposite or contradictory ideas or terms are combined, such as open secret, cruel kindness, deafening silence
POLEMIC - a person inclined to engage in argument or disputation
PROLIX - unnecessarily long; tending to speak or write excessive length
PRO SE
An appearance by a lawyer in his own behalf. (1995 BAR EXAMS)
PUTATIVE - to suppose; consider; reputed; generally considered or deemed such
QUANTUM MERUIT, Doctrine of
A device to prevent undue enrichment based on the equitable postulate that it is unjust for a person to retain benefit without paying for it. QUID PRO QUO - something in return;
compensation
QUOTIDIAN - daily; occurring or recurring daily; ordinary; common
RAPPROCHEMENT - bringing together; drawing closer; reconciliation
RATIOCINATION - the process of reasoning RECHERCHE - sought out with care; choice; too
refined; too studied
RES IPSA LOQUITUR, Doctrine of
Literally, the thing speaks for itself. This principle or doctrine applies to both judges and lawyers. Judges had been dismissed from the service without the need for a formal investigation because based on the records, the gross misconduct or inefficiency of the judges clearly appears. (Uy vs. Mercado, 154 SCRA 567)
SERIATIM - in a series; one after another
SUB JUDICE - under consideration by the court; pending judgement
SYBARITE - a person devoted to luxury and pleasure
TEMERARIOUS - recklessly or presumptuously daring
UMBRAGE - offense; resentment; annoyance or displeasure
USUFRUCT - the right to use or benefit from something which belongs to another, short of destroying or harming it; the use, enjoyment or profitable possession of something
UXURIOUS - doting upon, irrationally fond of or affectionately over abusive toward one's wife VERISIMILITUDE - the appearance or semblance
of truth or fact; probability; something having merely the appearance of truth
VOLTE FACE - the act of turning so as to face in the opposite direction; a complete change of attitude or opinion
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