Petition For Writ of Habeas Data: Regional Trial Court

Republic of the Philippines
National Capital Judicial Region

REGIONAL TRIAL COURT
Branch IV
City of Manila
ROSARIO DELA CRUZ

Petitioner,
GR No. 917452
For: Writ of Habeas Data
- versus –
GEN. ARMAN TALAGBUSAO

Respondent,
x------------------------------------x
PETITION FOR WRIT OF HABEAS DATA
1. This is a petition for the writ of habeas data filed under A.M. No. 08-
1-16- SC, also known as the Rule on the Writ of Habeas Data to require the
respondent to destroy, any files or documentation resulting from interrogation,
questioning, and intelligence gathering made against petitioner covering but
not limited to intelligence reports, operation reports and provost marshal
reports prior to, during and subsequent to March 15, 2021.
2. Petitioner respectfully submits that respondent has obtained the

information through the employment of tactical interrogation, intimidation,
harassment and torture against petitioner due to red tagging made by
respondent;
3. Respondent repeatedly publicize personal information gathered

about the petitioner and disseminated it through social media to harass and
intimidate petitioner thereby heavily causing trauma and depression and fear
for her life;
4. This act or omission of respondent to comply with petitioner's

demand is a violation of, or poses a threat of violation to, petitioner's right to
privacy in life, liberty and security.
1
5. In view of the foregoing, petitioner brings this petition before this
Honorable Court praying that the respondent be required to cause the
immediate production of the information requested so that the same may be
revealed to petitioner for proper updating, rectification or, in the alternative,
for its suppression or destruction, whatever may be necessary to protect
petitioner's privacy.
6. Finally, petitioner respectfully submits that he is an indigent person

and prays that this Honorable Court exempt him from docket and other legal
fees in this case, subject to the submission of proof of his indigency within
fifteen days from the filing of this petition.
WHEREFORE, petitioner prays that this Honorable Court give due

course to this petition and issue the writ of habeas data and rule, as follows:
PRAYER
1. Upon the filing of the petition, ENJOIN respondent from
disseminating the information;
2. Upon notice and hearing, ORDER respondent to:
a. Correct, suppress or destroy the information found in the

above- mentioned diary, whatever may be applicable as
determined by this Honorable Court; and
b. Rectify the damage caused to petitioner's reputation by making

a public apology to petitioner, which shall be circulated in the
manner and to such persons as the petitioner may deem
appropriate.
Other reliefs just and equitable under the premises are likewise prayed for.
General Trias Cavite, Philippines, this 21st day of June 2022
Atty. Alexandra Trese

Counsel for Petitioner
Unit 1, B Building,
Recto, Manila
IBP No. 102938
TR No: 12344567
Roll no. 12169; 0/05/05
MCLE No. I-002345; 08/21/18
2
Republic of the Philippines)
Quezon City ) s.s.
VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPPING
I, Rosario Dela Cruz, of legal age, single, Filipino and a resident of 10

Balete Street, Quezon City, after having been duly sworn to in accordance
with law, hereby, depose and say:
1.That I am the (Plaintiff / Complainant / Petitioner) in the

aboveentitled case;
2. That I have caused the preparation of the above (Complaint / Petition)

and I have read the same and knows the contents thereof;
3. That the allegations contained therein are true and correct of my own
personal knowledge.
4. That I further certify that: (a) I have not theretofore commenced any
other action or proceeding or filed any claim involving the same issues or
matter in any court, tribunal, or quasi-judicial agency and, to the best of my
knowledge, no such action or proceeding is pending therein;
5. If I should thereafter learn that the same or similar action or

proceeding has been filed or is pending before the Supreme Court, the Court
of Appeals, or any other tribunal or quasi-judicial agency, I undertake to report
such fact within five (5) days therefrom to the court or agency wherein the
original pleading and sworn certification contemplated herein have been filed.
Rosario Dela Cruz

Affiant
SUBSCRIBED AND SWORN to before me this 21st day of June, 2021

at Quezon City.
NOTARY PUBLIC
Doc. No.____;
Page No.____;
Book No.____;
Series of 2021.

Petition For Writ of Habeas Data: Regional Trial Court

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Republic of the Philippines

National Capital Judicial Region

ROSARIO DELA CRUZ

GEN. ARMAN TALAGBUSAO

PETITION FOR WRIT OF HABEAS DATA

2. Petitioner respectfully submits that respondent has obtained the

3. Respondent repeatedly publicize personal information gathered

4. This act or omission of respondent to comply with petitioner's

6. Finally, petitioner respectfully submits that he is an indigent person

WHEREFORE, petitioner prays that this Honorable Court give due

2. Upon notice and hearing, ORDER respondent to:

a. Correct, suppress or destroy the information found in the

b. Rectify the damage caused to petitioner's reputation by making

General Trias Cavite, Philippines, this 21st day of June 2022

Atty. Alexandra Trese

VERIFICATION AND CERTIFICATION OF

I, Rosario Dela Cruz, of legal age, single, Filipino and a resident of 10

1.That I am the (Plaintiff / Complainant / Petitioner) in the

2. That I have caused the preparation of the above (Complaint / Petition)

5. If I should thereafter learn that the same or similar action or

Rosario Dela Cruz

SUBSCRIBED AND SWORN to before me this 21st day of June, 2021

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