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PETITION

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.

________ City, Philippines, this _____ day of _______2011

Name _______________________________
Appointment No. _____________________
Roll of Attorney No. ___________________
PTR No.____, ____ (date and place of issue)
IBP No. ____, ____ (date of issue) (chapter)
Office Address________________________
Email Address ________________________
Contact No. __________________________
MCLE Compliance (or Exemption) No._____

VERIFICATION AND CERTIFICATION AGAINST FORUM-SHOPPING