Ricardo Dalisay, SPEC. PRO. NO. 001

Republic of the Philippines
REGIONAL TRIAL COURT

Branch 35
Santiago City
RICARDO DALISAY, SPEC. PRO. NO. 001

Petitioner, FOR: WRIT OF
HABEAS DATA
-versus-
PO2 FAURO BARREDO,

Respondent,
PETITION FOR WRIT OF HABEAS DATA
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.
II
PARTIES
6. Petitioner is a Filipino, of legal age, and residing at 182 La Paz, Saguday,

Quirino. He may be served with notices from this Honorable Court through
his undersigned counsel.
7. Respondent is being impleaded in his capacity as a public officer or

employee, in charge of the information or database of Philippine National
Police, 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 PNP Santiago.
8. Respondent is with an organization of the Government 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 PNP Santiago.
III
ANTECEDENT FACTS
10. That petitioner is a student at The University of the Philippines and that he
has been active in participating in rallies organized by certain government-
opposition-based groups;
12. That on February 03, 2022, the petitioner observed that his residence is
frequented by uniformed police personnel and vehicles, even during curfew
hours;
That the petitioner observed that he is being observed rigorously by

unknown persons;
13. That a few of petitioner’s neighbors testified that there have been accounts
of random police officers inquiring about details of the petitioner;
11. That petitioner allegedly has the impression that he and his family is under
surveillance from unidentified police personnel;
14. That the petitioner has been informed that his name has been included in
the list of Communist Party of the Philippines (CPP) who are involved with
recruitment of members of the same organization;
That the said list has been procured by the PNP Counter-Intelligence Unit
using data from several government agencies such as the Department of
Foreign Affairs and Philippine Statistics Authority, National Bureau of
Investigation, to name a few.
15. That the petitioner avers connection to any rebel military group and the
more a member of the CPP.
16. That the said list has been in possession by PNP Santiago.
That because of undue stress and anxiety, including the fear of being
abducted and killed, the petitioner opted to seek immediate assistance from
the Commission of Human Rights.
17. That on April 16 of the year 2022, petitioner requested access to all
information held about him by the respondent, within fifteen days from
respondent's receipt. A copy of the written request is attached as Annex
"A".
18. That the period given to respondent to allow petitioner access to its
database has already lapsed.
19. That as a result of respondent's failure or unjustifiable refusal to allow

access to its database, petitioner’s right to privacy is being violated.
20. That 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.
21. That the information which remains hidden from petitioner is in the
database of respondent located in the following offices: Department of
Foreign Affairs and Philippine Statistics Office, National Bureau of
Investigation.
22. That 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.
23. 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.
(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.
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. Issue a Temporary Protection Order;
2. Upon the filing of the petition, ENJOIN respondent from disseminating the

information;
3. 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.
Santiago City, Philippines, this 13th day of May 2022
Atty. Juan Dela Cruz

Roll of Attorney No. 89000
PTR No. 123456/03Jan2023/Santiago City
IBP Lifetime No. 98765/03June2016/Santiago City
MCLE Compliance No: V-19911/05Dec2022
DELA CRUZ LAW OFFICE

182 Purok 2 Valentin St. Santiago City
Contact Nos.: 0912341674/ 820-1234
Email Add.: [email protected]
VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING
I, RICARDO DALISAY, of legal age, single, with residence and postal

residing at 182 La Paz, Saguday, Quirino, after having been duly sworn to in
accordance with law, depose and say that:
1. That I am the Petitioner in this case.
2. That I caused the preparation of the foregoing PETITION, the

contents of which are true and correct of my personal knowledge
and/or based on authentic records;
3. That I have not heretofore commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial
agency and to the best of my knowledge, no such action or claim is
pending therein, if I should hereafter learn that the same or similar
action or claim has been filed or pending, I shall report that fact within
five days therefrom to this Honorable Court.
FURTHER I SAYETH NOT.
RICARDO DALISAY
Driver’s License No. N03-12-123456
SUBSCRIBED AND SWORN TO before me this 13th day of May 2022,

at Santiago City the above affiant exhibiting to me his competent evidence of
identity.
WITNESS MY HAND AND SEAL.
Notary Public
Doc. No.;
Page No.;
Book No.;
Series of 2022.
Table of Attachments:
ANNEX A Request and Affidavit of Ricardo Dalisay

ANNEX B Barangay Certification Report
ANNEX C Police Investigation Report

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Republic of the Philippines

REGIONAL TRIAL COURT

PO2 FAURO BARREDO,

PETITION FOR WRIT OF HABEAS DATA

2. Petitioner respectfully submits that respondent obtained the information

3. This act or omission of respondent to comply with petitioner's demand is a

6. Petitioner is a Filipino, of legal age, and residing at 182 La Paz, Saguday,

7. Respondent is being impleaded in his capacity as a public officer or

8. Respondent is with an organization of the Government organized and

That the petitioner observed that he is being observed rigorously by

19. That as a result of respondent's failure or unjustifiable refusal to allow

Section 3. (1) The privacy of communication and correspondence

Any evidence obtained in violation of this, or the preceding section

(e) Make documents accessible to the public. — All

1. Issue a Temporary Protection Order;

2. Upon the filing of the petition, ENJOIN respondent from disseminating the

3. Upon notice and hearing, ORDER respondent to:

a. Produce the information in its possession regarding petitioner's person,

Santiago City, Philippines, this 13th day of May 2022

Atty. Juan Dela Cruz

DELA CRUZ LAW OFFICE

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

I, RICARDO DALISAY, of legal age, single, with residence and postal

1. That I am the Petitioner in this case.

2. That I caused the preparation of the foregoing PETITION, the

FURTHER I SAYETH NOT.

SUBSCRIBED AND SWORN TO before me this 13th day of May 2022,

WITNESS MY HAND AND SEAL.

ANNEX A Request and Affidavit of Ricardo Dalisay

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