Writ of habeas data issued versus STC

CEBU, Philippines - The Regional Trial Court has issued a writ of habeas data against the Saint Theresa’s College High School Department to produce the alleged lewd photos of the five students that were uploaded on Facebook prompting the school administration to bar them from joining the graduation rites last March for violating the student handbook.

RTC Branch 14 Judge Raphael Yrastorza directed computer teacher Mylene Escudero and the STC high school department to comply with the writ within five days.

 “This writ of habeas data is issued ordering respondents to file their verified written answer (return) together with the supporting affidavits within five working days from the service of this writ,” the order reads.

Yrastorza highlighted at least seven issues that needed to be answered by the respondents. Yrastorza wants to be clarified on the statements made by the respondents that the photos of the minors “found their way into cyber space for everybody to access.”

According to Yrastorza, he wants to know who supplied the photos.

“To identify (with name and addresses) of the “concerned personalities” that allegedly supplied the photos,” the order reads.

He also wants to know whose Facebook accounts were accessed by the respondents in order to get the copies of the alleged “obscene” photos. The judge also wants to know how many photos were printed and how many were labeled and who were the people who saw it.

“To identify all persons who saw the photos of the minor particularly STC teacher or students, including but not limited to lawyers, priest, and other,” the order reads further.

Yrastorza wanted an answer from the respondents why it was “easy for them to conclude that photos were immoral, what information they have of the petitioners.”

Yrastorza wanted to know the particular person having “in actual possession and control of the soft and printed copies both labeled and unlabeled.”

The court has set to hear the petition on July 19 and 20 at 8:30 a.m.

Lawyer Joan Largo, however, questioned the writ saying that it will only apply to extrajudicial killings.

“The order asks us to answer and to produce photos. We will file an answer and state that as held by the Supreme Court, writ of habeas data applies only in cases of extrajudicial killings and enforced disappearances.” (FREEMAN)