Practice question
A criminal action concerning the relevant events has already commenced. The aggrieved party seeks related habeas data relief against unlawful data collection. What does section 22 prescribe?
- File a separate petition regardless of the criminal action.
- Wait until conviction before seeking relief.
- Ask the prosecutor personally to issue the writ.
- Seek the relief by motion in the criminal case under the Habeas Data Rule’s procedure.
- Obtain automatic dismissal of the prosecution.
Legal references
- https://lawphil.net/judjuris/juri2008/jan2008/am_08_1_16_sc_2008.html — A.M. 08-1-16-SC, January 22, 2008; Habeas Data Rule sections 1, 6, 10, 16 and 22.
- https://lawphil.net/judjuris/juri2014/oct2014/gr_203254_2014.html — Lee v. Ilagan, G.R. 203254, October 8, 2014, main opinion: privacy nexus and substantial evidence.
Answer this question in flashcards to review your response and continue practicing.