Writ of Habeas Data

Republic of the Philippines

National Capital Judicial Region

 REGIONAL TRIAL COURT

Branch IV

City of Manila

JOSE MARI SISON

Petitioner,

GR No. 917452

For: Writ of Habeas Data

-versus-

GEN. AMADO PALPARAN

Respondent.

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PETITION FOR WRIT OF HABEAS DATA

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 to destroy, any official or unofficial reports pertaining to petitioner covering but not limited to intelligence reports, operation reports and provost marshal reports prior to, during and subsequent to December 26, 2015.

2. Petitioner respectfully submits that respondent has obtained the information through the employment of tactical interrogation and torture heavily causing trauma and depression and fear for her life;

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 is an indigent person and prays that this Honorable Court exempt him from docket and other legal fees in this case, subject to the submission of proof of his indigency within fifteen days from the filing of this petition.

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. Correct, suppress or destroy the information  found in the above-mentioned diary, whatever may be applicable as determined by this Honorable Court; and 

b. 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.

Biñan City, Philippines, this 21^st  day of  March 2016

Atty. Michelle A. Vale Cruz

Appointment No. 1028

Roll of Attorney No. 201528 

PTR No. 5462

IBP No. 58726

Office Address: Vale Cruz Olives & Associates, Legaspi Village, Makati 

Email Address michellevalecruz@gmail.com 

Contact No. 09999999999

MCLE Compliance No. 667

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, JOSE MARI SISON, of legal age, after having been duly sworn in accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession;

4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.                                                                                                                                                                                                        

JOSE MARI SISON

Affiant

SUBSCRIBED AND SWORN to before me this 21^ST  day of March 2016 in Biñan, Laguna affiant exhibiting to me his Community Tax Certificate No. 12234 issued on September 29, 2016 at in Cavite City.

Doc. No.___________;                              Angela Angeles

Page No.___________;                              NOTARY PUBLIC for Manila

Book No.__________;                               Commission Serial No.______

Series of 2016.                                            Until December 31, 2016

Roll of Attorney_______

IBP  No.________

PTR No. ___