Lee vs. Ilagan, 738 SCRA 59
Lee vs. Ilagan, 738 SCRA 59
Lee vs. Ilagan, 738 SCRA 59
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203254, October 08, 2014 - DR. JOY MARGATE LEE, Petitioner, v. P/SUPT. NERI A. ILAGAN,
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G.R. No. 203254, October 08, 2014 - DR. JOY MARGATE LEE, Petitioner, v. P/SUPT. NERI A.
ILAGAN, Respondent.
FIRST DIVISION
PERLAS-BERNABE, J.:
Before the Court is a petition for review on certiorari1 assailing the Decision2 dated August 30,
2012 of the Regional Trial Court of Quezon City, Branch 224 (RTC) in SP No. 12-71527, which
extended the privilege of the writ of habeas data in favor of respondent Police Superintendent
Neri A. Ilagan (Ilagan).
The Facts
In his Petition for Issuance of the Writ of Habeas Data3 dated June 22, 2012, Ilagan alleged that
he and petitioner Dr. Joy Margate Lee (Lee) were former common law partners. Sometime in July
2011, he visited Lee at the latter’s condominium, rested for a while and thereafter,proceeded to
ChanRobles CPA Review Online his office. Upon arrival, Ilagan noticed that his digital camera was missing.4 On August 23,
2011, Lee confronted Ilagan at the latter’s office regarding a purported sex video (subject
video) she discovered from the aforesaid camera involving Ilagan and another woman. Ilagan
denied the video and demanded Lee to return the camera, but to no avail.5 During the
confrontation, Ilagan allegedly slammed Lee’s head against a wall inside his office and walked
away.6 Subsequently, Lee utilized the said video as evidence in filing various complaints against
Ilagan, namely: (a) a criminal complaint for violation of Republic Act No. 9262,7 otherwise known
as the “Anti-Violence Against Women and Their Children Act of 2004,” before the Office of the
City Prosecutor of Makati; and (b) an administrative complaint for grave misconduct before the
National Police Commission (NAPOLCOM).8 Ilagan claimed that Lee’s acts of reproducing the
subject video and threatening to distribute the same to the upper echelons of the NAPOLCOM
and uploading it to the internet violated not only his right to life, liberty, security, and privacy
but also that of the other woman, and thus, the issuance of a writ of habeas data in his favor is
warranted.9
Finding the petition prima facie meritorious, the RTC issued a Writ of Habeas Data10 dated
June 25, 2012, directing Lee to appear before the court a quo, and to produce Ilagan’s digital
camera, as well as the negative and/or original of the subject video and copies thereof, and to
file a verified written return within five (5) working days from date of receipt thereof.
In her Verified Return11 dated July 2, 2012, Lee admitted that she indeed kept the memory card
of the digital camera and reproduced the aforesaid video but averred that she only did so to
utilize the same as evidence in the cases she filed against Ilagan. She also admitted that her
relationship with Ilagan started sometime in 2003 and ended under disturbing circumstances in
ChanRobles Special Lecture Series August 2011, and that she only happened to discover the subject video when Ilagan left his
camera in her condominium. Accordingly, Lee contended that Ilagan’s petition for the issuance
of the writ of habeas data should be dismissed because: (a) its filing was only aimed at
suppressing the evidence against Ilagan in the cases she filed; and (b) she is not engaged in
In a Decision13 dated August 30, 2012, the RTC granted the privilege of the writ of habeas data
in Ilagan’s favor, and accordingly, ordered the implementing officer to turn-over copies of the
subject video to him, and enjoined Lee from further reproducing the same.14
The RTC did not give credence to Lee’s defense that she is not engaged in the gathering,
collecting or storing of data regarding the person of Ilagan, finding that her acts of reproducing
the subject video and showing it to other people, i.e., the NAPOLCOM officers, violated the
latter’s right to privacy in life and caused him to suffer humiliation and mental anguish. In this
relation, the RTC opined that Lee’s use of the subject video as evidence in the various cases
she filed against Ilagan is not enough justification for its reproduction. Nevertheless, the RTC
clarified that it is only ruling on the return of the aforesaid video and not on its admissibility
lee v ilagan 2014 The essential issue for the Court’s resolution is whether or not the RTC correctly extended the
privilege of the writ of habeas data in favor of Ilagan.
lee vs ilagan gr 203254 oct 8 2014
The Court’s Ruling
neri ilagan
joy vs margate A.M. No. 08-1-16-SC, or the Rule on the Writ of Habeas Data (Habeas Data Rule), was
conceived as a response, given the lack of effective and available remedies, to address the
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extraordinary rise in the number of killings and enforced disappearances.16 It was
lee vs ilagan gr 203254 oct 8 2014 conceptualized as a judicial remedy enforcing the right to privacy, most especially the right to
informational privacy of individuals,17 which is defined as “the right to control the collection,
lee vs ilagan case
maintenance, use, and dissemination of data about oneself.”18
supreme court decisions
As defined in Section 1 of the Habeas Data Rule, the writ of habeas data now stands as “a
court cases in 2014 remedy available to any person whose right to privacy in life, liberty or security is violated
or threatened by an unlawful act or omission of a public official or employee, or of a private
ang lee
individual or entity engaged in the gathering, collecting or storing of data or information
regarding the person, family, home, and correspondence of the aggrieved party.”
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Thus, in order to support a petition for the issuance of such writ, Section 6 of the Habeas Data
lee vs ilagan gr 203254 oct 8 2014
Rule essentially requires that the petition sufficiently alleges, among others, “[t]he manner
the right to privacy is violated or threatened and how it affects the right to life, liberty
lee vs ilagan case
or security of the aggrieved party.” In other words, the petition must adequately show that
supreme court decisions there exists a nexus between the right to privacy on the one hand, and the right to life,
liberty or security on the other .19 Corollarily, the allegations in the petition must be
court cases in 2014
supported by substantial evidence showing an actual or threatened violation of the right to
how to draft a petition privacy in life, liberty or security of the victim.20 In this relation, it bears pointing out that the
writ of habeas data will not issue to protect purely property or commercial concerns nor when
the grounds invoked in support of the petitions therefor are vague and doubtful.21
October-2014 Jurisprudence In this case, the Court finds that Ilagan was not able to sufficiently allege that his right to
privacy in life, liberty or security was or would be violated through the supposed reproduction
and threatened dissemination of the subject sex video. While Ilagan purports a privacy interest
A.M. No. RTJ-08-2140 (Formerly in the suppression of this video – which he fears would somehow find its way to Quiapo or be
A.M. No. 00-2-86-RTC), October 07, uploaded in the internet for public consumption – he failed to explain the connection between
2014 - OFFICE OF THE COURT such interest and any violation of his right to life, liberty or security. Indeed, courts cannot
ADMINISTRATOR, Complainant, v. speculate or contrive versions of possible transgressions. As the rules and existing
EXECUTIVE JUDGE OWEN B. AMOR, jurisprudence on the matter evoke, alleging and eventually proving the nexus between one’s
REGIONAL TRIAL COURT, DAET, privacy right to the cogent rights to life, liberty or security are crucial in habeas data cases, so
CAMARINES NORTE, Respondent. much so that a failure on either account certainly renders a habeas data petition dismissible, as
in this case.
A.C. No. 7919, October 08, 2014 -
DOMADO DISOMIMBA SULTAN, In fact, even discounting the insufficiency of the allegations, the petition would equally be
Complainant, v. ATTY. CASAN dismissible due to the inadequacy of the evidence presented. As the records show, all that
MACABANDING, Respondent. Ilagan submitted in support of his petition was his self-serving testimony which hardly meets
the substantial evidence requirement as prescribed by the Habeas Data Rule. This is because
A.M. No. P-14-3246 [Formerly A.M. nothing therein would indicate that Lee actually proceeded to commit any overt act towards the
OCA I.P.I. No. 11-3580-P], October end of violating Ilagan’s right to privacy in life, liberty or security. Nor would anything on record
15, 2014 - ATTY. RICO PAOLO R. even lead a reasonable mind to conclude22 that Lee was going to use the subject video in order
QUICHO, REPRESENTING BANK OF to achieve unlawful ends – say for instance, to spread it to the public so as to ruin Ilagan’s
COMMERCE, Complainant, v. reputation. Contrastingly, Lee even made it clear in her testimony that the only reason why she
BIENVENIDO S. REYES, JR. , SHERIFF reproduced the subject video was to legitimately utilize the same as evidence in the criminal and
IV, BRANCH 98, REGIONAL TRIAL
administrative cases that she filed against Ilagan.23 Hence, due to the insufficiency of the
COURT, QUEZON CITY, Respondent.
allegations as well as the glaring absence of substantial evidence, the Court finds it proper to
reverse the RTC Decision and dismiss the habeas data petition.
G.R. No. 205821, October 01,
2014 - PEOPLE OF THE PHILIPPINES,
WHEREFORE, the petition is GRANTED. The Decision dated August 30, 2012 of the Regional
Plaintiff-Appellee, v. GARRY DELA
Trial Court of Quezon City, Branch 224 in SP No. 12-71527is hereby REVERSED and SET
CRUZ Y DE GUZMAN, Accused-
ASIDE. Accordingly, the Petition for Issuance of the Writ of Habeas Data filed by respondent
Appellant.
P/Supt. Neri A. Ilagan is DISMISSED for lack of merit.
G.R. No. 196005, October 01, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES
14 Id. at 41.
G.R. No. 198636, October 08,
2014 - ESPERANZA C. CARINAN,
Petitioner, v. SPOUSES GAVINO 15 See id. at 40-41.
CUETO AND CARMELITA CUETO,
Respondents. 16 Manila Electric Company v. Lim, G.R. No. 184769, October 5, 2010, 632 SCRA
195, 202.
G.R. No. 183272, October 15,
2014 - SUN LIFE OF CANADA 17 Roxas v. Macapagal-Arroyo, G.R. No. 189155, September 7, 2010, 630 SCRA
(PHILIPPINES), INC., Petitioner, v.
211, 239.
SANDRA TAN KIT AND THE ESTATE
OF THE DECEASED NORBERTO TAN
18 See footnote 62 of Ople v. Torres, 354 Phil. 948, 979 (1998), citing Hancock, G.,
KIT, Respondents.
“California’s Privacy Act: Controlling Government’s Use of Information?” 32
G.R. No. 198878, October 15, Stanford Law Review No. 5, p. 1001 (May 1980).
2014 - RESIDENTS OF LOWER ATAB
& TEACHERS’ VILLAGE, STO. TOMAS 19 Gamboa v. Chan, G.R. No. 193636, July 24, 2012, 677 SCRA 385, 400.
PROPER BARANGAY, BAGUIO CITY,
REPRESENTED BY BEATRICE T. 20 Roxas v. Macapagal-Arroyo, supra note 17, at 239-240.
PULAS, CRISTINA A. LAPPAO.
MICHAEL MADIGUID, FLORENCIO
21 See Manila Electric Company v. Lim, supra note 16, at 202-203, citing Castillo v.
MABUDYANG AND FERNANDO
Cruz, G.R. No. 182165, November 25, 2009, 605 SCRA 628, 636-637.
DOSALIN, Petitioners, v. STA.
MONICA INDUSTRIAL &
22 “Substantial evidence is defined as such amount of relevant evidence which a
DEVELOPMENT CORPORATION,
reasonable mind might accept as adequate to support a conclusion. It is more than a
Respondent.
mere scintilla of evidence.” (Miro v. Mendoza Vda. de Erederos, G.R. Nos. 172532
and 172544-45, November 20, 2013, 710 SCRA 371, 388.)
G.R. No. 185745, October 15,
2014 - SPOUSES DOMINADOR
23 See records, Vol. II, pp. 259-265 and 272-275.
MARCOS AND GLORIA MARCOS,
Petitioners, v. HEIRS OF ISIDRO
BANGI AND GENOVEVA DICCION,
REPRESENTED BY NOLITO SABIANO,
Respondents.
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G.R. No. 193650, October 08,
2014 - GEORGE PHILIP P. PALILEO
AND JOSE DE LA CRUZ, Petitioners,
v. PLANTERS DEVELOPMENT BANK,
Respondent.