MERALCO vs.

Lim
632 SCRA
October 5, 2010

Facts: The HR directed the transfer of respondent to MERALCOs Alabang Sector

in Muntinlupa due to reports that there were accusations and threats directed
against her from unknown individuals, which could possibly compromise her safety
and security. Lim appealed her transfer and requested for a dialogue so she could
voice her concerns and misgivings on the matter, claiming that the punitive nature
of the transfer amounted to a denial of due process. Lim filed a petition for the
issuance of a writ of habeas data against petitioners claiming petitioners’ unlawful
act and omission consisting of the latter failing to inform her of the cause of her
transfer amounting to a violation of her right to privacy in life, liberty and security,
correctible by habeas data.

Issue: whether a writ of habeas data is the proper remedy

Held: No, The writ of habeas data is a remedy available to any 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. Employment is a
property right in the due process clause. In the case at bar, Lim was concerned
with her employment, one that can be solved in the NLRC and there was no
violation of respondent’s right to privacy.