Philippine Bar review · Question

Practice question: Habeas Data (AM 08-1-16-SC)

Multiple Choice Hard

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?
  1. File a separate petition regardless of the criminal action.
  2. Wait until conviction before seeking relief.
  3. Ask the prosecutor personally to issue the writ.
  4. Seek the relief by motion in the criminal case under the Habeas Data Rule’s procedure.
  5. 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.

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