S.A 2020/21 B.E REMEDIAL LAW | Question #03
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| SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN REMEDIAL LAW #RemedialLaw #PreviousBarQuestions Code: S.A 2020/21 B.E REMEDIAL LAW | Question #03 |
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The spokesperson of a special unit of the Armed Forces of the Philippines announced in a television interview that the Armed Forces was putting all progressive and left-leaning party-list representatives under surveillance for alleged links to the ongoing insurgency.
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An outspoken and progressive party-list representative approaches you for advice on how to discover the information that the Armed Forces may have collated through the surveillance operations.
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Will a petition for the writ of habeas data be the proper remedy? Explain briefly.
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SUGGESTED ANSWER:
No, a petition for the writ of habeas data is not the proper remedy.
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Aside from the announcement in a television interview by the spokesperson of a special unit of the Armed Forces of the Philippines, there is no substantial evidence to show that all progressive and left-leaning party list representatives are being put under surveillance for alleged links to the ongoing insurgency.
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The liberality accorded to habeas data cases does not mean that the claimant is dispensed with the onus of proving his case (Saez vs. Arroyo, G.R. No. 183533, September 12, 2012).
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In the instant case, it is submitted that the surveillance cannot be the subject of the Writ of Habeas Data. The remedy is premature.
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In a recently decided case (Lee vs. Ilagan, G.R. No. 203254, October 8, 2014, 738 SCRA 59), the Supreme Court held that courts cannot speculate or contrive versions of violations of one’s right to privacy.
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There must be a clear showing of the nexus or connection between one’s privacy right to the cogent rights to life, liberty or security, so much so that a failure on this account certainly renders a habeas data petition dismissible.
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What are your thoughts on the suggested answer? Please leave your suggestions in the comments section at the bottom of this article. Thanks!
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