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Topic: Privilege of The Writ of Habeas Corpus - Writ of Habeas Data

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Luna Baci

Marynette Gamboa filed a petition for a writ of habeas data against officials of the Philippine National Police in Ilocos Norte, alleging that they conducted surveillance on her without verifying data and classified her as maintaining a Private Army Group. The Supreme Court denied the petition, ruling that while the writ of habeas data protects privacy and information rights, Gamboa failed to prove her inclusion on the list endangered her life, liberty or security. The state interest in dismantling Private Army Groups outweighed the alleged privacy intrusion, as the police collected information lawfully in relation to criminal cases against Gamboa. Therefore, the privilege of the writ was denied due to the lack of nexus between the right to privacy and rights to

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Topic: Privilege of The Writ of Habeas Corpus - Writ of Habeas Data

Uploaded by

Luna Baci
38 views2 pages
Marynette Gamboa filed a petition for a writ of habeas data against officials of the Philippine National Police in Ilocos Norte, alleging that they conducted surveillance on her without verifying data and classified her as maintaining a Private Army Group. The Supreme Court denied the petition, ruling that while the writ of habeas data protects privacy and information rights, Gamboa failed to prove her inclusion on the list endangered her life, liberty or security. The state interest in dismantling Private Army Groups outweighed the alleged privacy intrusion, as the police collected information lawfully in relation to criminal cases against Gamboa. Therefore, the privilege of the writ was denied due to the lack of nexus between the right to privacy and rights to

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690.Gamboa_v_Chan_di.docx

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Marynette Gamboa filed a petition for a writ of habeas data against officials of the Philippine National Police in Ilocos Norte, alleging that they conducted surveillance on her without verifying data and classified her as maintaining a Private Army Group. The Supreme Court denied the petition, ruling that while the writ of habeas data protects privacy and information rights, Gamboa failed to prove her inclusion on the list endangered her life, liberty or security. The state interest in dismantling Private Army Groups outweighed the alleged privacy intrusion, as the police collected information lawfully in relation to criminal cases against Gamboa. Therefore, the privilege of the writ was denied due to the lack of nexus between the right to privacy and rights to

Copyright:

© All Rights Reserved
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38 views2 pages

Topic: Privilege of The Writ of Habeas Corpus - Writ of Habeas Data

Uploaded by

Luna Baci
Marynette Gamboa filed a petition for a writ of habeas data against officials of the Philippine National Police in Ilocos Norte, alleging that they conducted surveillance on her without verifying data and classified her as maintaining a Private Army Group. The Supreme Court denied the petition, ruling that while the writ of habeas data protects privacy and information rights, Gamboa failed to prove her inclusion on the list endangered her life, liberty or security. The state interest in dismantling Private Army Groups outweighed the alleged privacy intrusion, as the police collected information lawfully in relation to criminal cases against Gamboa. Therefore, the privilege of the writ was denied due to the lack of nexus between the right to privacy and rights to

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Case No. 690. Gamboa v.

Chan

EN BANC
G.R. No. 193636     July 24, 2012
MARYNETTE R. GAMBOA, Petitioner,
vs.
P/SSUPT. MARLOU C. CHAN, in his capacity as the PNP-Provincial Director of Ilocos
Norte, and P/SUPT. WILLIAM 0. FANG, in his capacity as Chief, Intelligence Division,
PNP Provincial Office, Ilocos Norte, Respondents.
Sereno, J.

TOPIC: PRIVILEGE OF THE WRIT OF HABEAS CORPUS - WRIT OF HABEAS DATA

FACTS:

Gamboa alleged that the Philippine National Police in Ilocos Norte (PNP–Ilocos Norte) conducted a
series of surveillance operations against her and her aides, and classified her as someone who keeps
a Private Army Group (PAG). Purportedly without the benefit of data verification, PNP–Ilocos Norte
forwarded the information gathered on her to the Zeñarosa Commission, thereby causing her
inclusion in the Report’s enumeration of individuals maintaining PAGs. Contending that her right to
privacy was violated and her reputation maligned and destroyed, Gamboa filed a Petition for the
issuance of a writ of habeas data against respondents in their capacities as officials of the PNP-Ilocos
Norte.

ISSUE: Whether or not the petition for the issuance of writ of habeas data is proper when the right to
privacy is invoked as opposed to the state’s interest in preserving the right to life, liberty or security.

RULING:
NO.
The writ of habeas data is an independent and summary remedy designed to protect the
image, privacy, honor, information, and freedom of information of an individual, and to provide
a forum to enforce one’s right to the truth and to informational privacy. It seeks to protect a
person’s right to control information regarding oneself, particularly in instances in which such
information is being collected through unlawful means in order to achieve unlawful ends. It
must be emphasized that in order for the privilege of the writ to be granted, there must exist a
nexus between the right to privacy on the one hand, and the right to life, liberty or security on
the other.
In this case, the Court ruled that Gamboa was unable to prove through substantial evidence
that her inclusion in the list of individuals maintaining PAGs made her and her supporters
susceptible to harassment and to increased police surveillance. In this regard, respondents
sufficiently explained that the investigations conducted against her were in relation to the
criminal cases in which she was implicated. As public officials, they enjoy the presumption of
regularity, which she failed to overcome. [T]he state interest of dismantling PAGs far outweighs
Case No. 690. Gamboa v. Chan

the alleged intrusion on the private life of Gamboa, especially when the collection and
forwarding by the PNP of information against her was pursuant to a lawful mandate. Therefore,
the privilege of the writ of habeas data must be denied.
WHEREFORE, the instant petition for review is DENIED. The assailed Decision in Special
Proc. No. 14979 dated 9 September 2010 of the Regional Trial Court, Laoag City, Br. 13,
insofar as it denies Gamboa the privilege of the writ of habeas data, is AFFIRMED.

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