MANILA, Philippines -- The writ of habeas data can be used to help resolve cases of extrajudicial killings and enforced disappearances.

The rules state that in extrajudicial killings and disappearances, the victim’s immediate family or relatives up to the fourth degree can file a habeas data petition.

According to Chief Justice Reynato Puno, the writ of habeas data complements the writ of amparo by helping produce or correct data that is relevant to protect the rights of a person who disappeared or is the victim of an extrajudicial killing.

If the police or military, for instance, conduct a haphazard investigation or one with “illegal or malicious” intent, they could hide or disregard data relevant to the solution of the killing or the disappearance.

The writ can be used to produce information so that the families of the victims, especially those of the disappeared, will have a better picture of his fate despite the perpetrators’ efforts to hide the details.

Particularly crucial in …

“This writ entitles the families of disappeared persons to know the totality of circumstances surrounding the fates of their relatives and imposes an obligation of investigation on the part of governments. This writ is particularly crucial in cases of political disappearances, which frequently imply secret executions of detainees without any trial, followed by the concealment of the bodies for the purpose of erasing all material traces of the crime and securing impunity for the perpetrators,” Puno said in a speech last Friday.

The rules of habeas data prohibit a general denial of the allegations in the petition, and the respondent is required to state his lawful defenses, disclose the information and the purpose of its collection, the steps he took to ensure the security and confidentiality of the information, and the currency and accuracy of the data.

When a respondent invokes such lawful defenses as national security or privileged communication, a judge may conduct a hearing in his chambers, which is not open to the public, and with precautions to ensure their secrecy. But the respondent is required to disclose the information to the court.

Under the rules, the petitioner is also supposed to explain how his right to privacy is threatened or violated and how it affects his right to life, liberty and security.

He should also detail his actions to secure the data, as well as its location. He must name the person in charge of the information. In case he is under threat, he should request for an order to stop the act.

No fees for indigents

Petitions for a habeas data writ can be filed in the regional trial courts. Petitions can also be brought to the Court of Appeals, Supreme Court or the Sandiganbayan antigraft court in cases where files of government offices are involved.

Only indigent petitioners are exempted from paying docket fees.

A respondent who refuses to respond to the petition or files a false return, or who disobeys court orders could be cited for contempt and punished with a fine or imprisonment.

The rules also prohibit motions that could delay the resolution of the habeas data petition. These include motions to dismiss, for extension to file pleadings, for postponement of hearings, for intervention and for third party complaint.