SC junks poll watchdog’s 2013 plea for habeas data

THE Supreme Court on Tuesday dismissed a three-year-old petition of a poll watchdog against the Commission on Elections (Comelec) for allegedly spying on critics of the Automated Election System (AES) using the poll body’s P30-million intelligence fund.

In its ruling, the high court denied the writ of habeas data petition filed by former Comelec Commissioner Augusto “Gus” Lagman, UP law professor Harry Roque Jr. and whistleblower Rodolfo “Jun” Lozada Jr. in July 2013 seeking to stop the poll body’s alleged surveillance operations against them.

Lagman, Roque and Lozada are members of the poll watchdog Automated Election System Watch.

The high court affirmed the decision of the Court of Appeals that dismissed the same petition for lack of basis.

Habeas data is an extraordinary relief issued to protect the image, privacy and freedom of information of a person, which can be used to find out what information is being held about a citizen.

Petitioners said there was enough evidence to issue the writ after then Comelec Chairman Sixto Brillantes admitted that they are gathering information to file a case against election saboteurs.

But the high court rejected the argument.

“The writ of habeas data is an independent and summary remedy 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. In the case at bench, however, there has been no showing that respondents collected information through unlawful means for an unlawful purpose,” the high court’s ruling stated.

The high court also affirmed the Comelec’s use of intelligence funds.

“The Comelec was given intelligence funds for the purpose of gathering information on suspected election saboteurs, with the objective of filing the necessary cases should the facts warrant the same,” the high court stressed.

Named respondents in the case were former Comelec chairman Sixto Brillantes Jr. and commissioners Lucenito Tagle, Elias Yusoph, Christian Robert Lim, Luie Tito Guia, Grace Padaca, Al Parreño, Comelec finance director Dulay Mejos, Executive Secretary Paquito Ochoa Jr., and deputy presidential spokesperson Abigail Valte.