MANILA, Philippines -- The Court of Appeals on Tuesday deferred its hearing on the petition for a writ of habeas data filed by business executive Guillermo Luz against the military after being informed that the Armed Forces chief of staff had only received the notice of hearing the day before.

Luz, executive vice president of the Ayala Foundation Inc. and member of the Makati Business Club, has alleged that the Armed Forces of the Philippines (AFP) has put him under surveillance on suspicion of participating in plans to oust President Gloria Macapagal-Arroyo.

Last week, the Supreme Court granted Luz’ petition remanded the case to the Court of Appeals for hearing. This is the first writ of habeas data granted by the high court since it took effect last February 2.

The appeals court 13th Division, chaired by Associate JusticeJuan Enriquez, ordered the hearing on Luz’ petition reset to March 28 after the Solicitor-General said AFP chief General Hermogenes Esperon Jr. had received the notice of hearing only on Monday.

Luz said he wants to know why he has alleged been placed under surveillance.

The businessman said he only learned he was suspected of being a financier of alleged coup plots through the newspapers.

He acknowledged that after inquiring with the military, he received a letter from the Intelligence Service of the AFP denying he was surveillance. He nevertheless decided to file a habeas data petition because the newspaper reports quoted military sources.

"The AFP has not denied publicly that I am involved, that's why I am pursuing this case using the writ of habeas data. I want to know if I am really under surveillance, and if I am, on what basis. If there is no basis, then they should make it clear that I am not being monitored, because this is very disconcerting to me," he told reporters.

After implementing the writ of amparo, which compels state security forces to look for victims of enforced disappearances and extrajudicial killings instead of resorting to the mere denial defense often resorted to against habeas corpus petitions, the Supreme Court promulgated the rules for the writ of habeas data.

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 and the family, home and correspondence of the aggrieved party.