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MANILA, Philippines—The Supreme Court dismissed the petition for habeas data filed by jueteng (illegal-numbers game) whistleblower and President of the Whistleblowers Association Sandra Cam, which she sought for protect saying she was subject of persistent surveillance activities following her disclosure of a list of personalities involved in the pork barrel fund scam.
In a seven page resolution, the high court en banc said Cam failed to present substantial and credible evidence to back up her allegations.
The Supreme Court. INQUIRER FILE PHOTO
“Needless to state, an indispensable requirement before the privilege of writ of habeas data may be extended is the showing, at least by substantial evidence, of an actual or threatened violation of the right to privacy in life, liberty or security of the victim. 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. There must also be substantial evidence to support the allegations. And the threat must find rational basis on the surrounding circumstances of the case, it must be supported by independent and credible evidence.
In the case at bar, petitioner failed to carry this onus,” the high court said.
Cam filed a petition for writ of habeas data alleging that her right to privacy in relation to her right to personal security had been threatened.
She said from April 30 to May 3, she had been subjected to surveillance by unidentified men.
On the other hand, she said Agrarian Reform Assistant Secretary Alex Almario, a Liberal Party District chairman visited her at her temporary residence and identified himself as an “unofficial representative.” He left her his business card and requested that they talk about list containing names of politicians implicated in the pork barrel scam.
Almario, together with his driver Marlon Adique Mahilum and several John Does were included as respondents.
Aside from directing the respondents to cease their illegal surveillance activities, Cam also asked the High Court to direct Almario to explain the reason why he had been persistent in trying to talk to her personally.
But the high court said, aside from failure to give evidence to support her allegations, Cam also filed her petition in the wrong venue.
The high court explained that under the rules, a petition may be filed at the Regional Trial Court.
The petition may also be filed with the Supreme Court, Court of Appeals or Sandiganbayan
when the action concerns public data files of government offices.
“The subject petition was filed directly with this Court. However, there is no allegation to the effect that the subject Petition involves or concerns public data files of government offices.
Rather, the subject petition principally involves alleged menacing surveillance activities through unidentified and unregistered vehicles,” the high court said.
Also, the high court said, Almario’s act of requesting a face-to-face meeting with Cam even if it is true, “does not causally or reasonably relate to the alleged threat to her right to privacy vis-à-vis her right to life, liberty or security.”
“If petitioner finds respondent Almario’s acts vexatious, then there are sufficient remedies-administrative, civil and criminal-that she may avail of,” it added.
Lastly, the high court said Cam’s allegation that President Benigno Aquino III is willfully suppressing the right of the people to information on matters of public concern relative to the “list” of government officials involved in the alleged pork barrel scam, the high court said it lie outside the ambit of the writ of the habeas data and that she should pursue her claim in a proper suit.
“Petitioner may pursue such claims in a proper suit, invoking her constitutional right to information under Article III, Section 7 (10) of the Constitution, if she is so minded,” the Court added.
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