Writ of Habeas Data

The Supreme Court of the Philippines under the helm of Chief Justice Reynato Puno went toe to toe with the Arroyo Administration in an attempt to curb what are perceived to be political killings and disappearances of militant leftists. Through the Constitutional power to promulgate rules for the protection and enforcement of constitutional rights, the Supreme Court added more teeth to legal remedies for the victims’ families. While the writ of habeas corpus has been available to the people since time immemorial, this extraordinary remedy has proven ineffective in compelling the Philippine National Police and Armed Forces of the Philippines to shed light in their participation, or lack thereof, in the killings and disappearances of purported enemies of State. The PNP of AFP officials will simply reply that the missing person is not in their custody, or allege that the person in their custody is being held in connection with a criminal case. The PNP or AFP can have the petition dismissed based solely on the aforementioned grounds. To remedy this legal loophole (blackhole), the Supreme Court promulgated rules on the writ of amparo. It is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ covers extralegal killings and enforced disappearances or threats thereof. It is intended to empower victims’ families to extract much needed information that may be crucial evidence to solving the mysterious killings and disappearances. However, the executive branch, the PNP and AFP have been less than candid and uncooperative in judicial proceedings and legislative investigations, withholding information under the principle of executive privilege. This prompted the Supreme Court to promulgate yet again new rules to put a check on this much abused executive privilege. Rules on the Writ of Habeas Data were approved last Tuesday, intended to force the police and military to hand over records and confidential documents to the families of suspected victims of extrajudicial execution. Chief Justice Reynato Puno said the writ of habeas data, which would take effect on Feb. 2, was intended to strengthen activists' right to privacy. "The writ would give petitioners more authority to gather or extract data about the disappearances and extrajudicial killings, allowing families of the victim to know the truth surrounding the cases," Puno told reporters.