Writ of Habeas Data
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch IV
City of Manila
JOSE MARI SISON
Petitioner,
GR No. 917452
For: Writ of Habeas Data
-versus-
GEN. AMADO PALPARAN
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 official or
unofficial reports pertaining to petitioner covering but not limited to intelligence reports,
operation reports and provost marshal reports prior to, during and subsequent to December
26, 2015.
2. Petitioner respectfully submits that respondent has obtained the information through the
employment of tactical interrogation and torture heavily causing trauma and depression and
fear for her life;
3. 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.
4. 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.
5. 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.
PRAYER
WHEREFORE, petitioner prays that this Honorable Court give due course to this petition and
issue the writ of habeas data and rule, as follows:
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.
Biñan City, Philippines, this 21st day of March 2016
Atty. Michelle A. Vale Cruz
Appointment No. 1028
Roll of Attorney No. 201528
PTR No. 5462
IBP No. 58726
Office Address: Vale Cruz Olives & Associates, Legaspi Village, Makati
Email Address michellevalecruz@gmail.com
Contact No. 09999999999
MCLE Compliance No. 667
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, JOSE MARI SISON, of legal age, after having been duly sworn in accordance with law, depose
and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and correct of my
personal knowledge and/or on the basis of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to this Honorable Court.
JOSE MARI SISON
Affiant
SUBSCRIBED AND SWORN to before me this 21ST day of March 2016 in Biñan, Laguna affiant
exhibiting to me his Community Tax Certificate No. 12234 issued on September 29, 2016 at in
Cavite City.
Doc. No.___________; Angela Angeles
Page No.___________; NOTARY PUBLIC for Manila
Book No.__________; Commission Serial No.______
Series of 2016. Until December 31, 2016
Roll of Attorney_______
IBP No.________
PTR No. ___
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Labels: Legal Forms
VAWC Counter Affidavit (sample)
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
CITY OF CAVITE
MICHELLE A. VALE CRUZ
Complainant,
- versus -
Complaint for: Violation of R.A 9262
Violence Against Women and their
Children
LANZ AIDAN L. OLIVES
Respondent.
x-------------------------------x
COUNTER – AFFIDAVIT
I, LANZ AIDAN L. OLIVES, single, of legal age, Filipino, with residence at 248 Salcedo St., San
Antonio, Cavite City, after having been duly sworn in accordance with law, hereby depose and
state: THAT
1. I am the same person who is the respondent in the instant case;
2. Paragraphs 2, 3, 4, and 5 of the affidavit of Michelle A. Vale Cruz are ADMITTED.
3. As regards paragraphs 6 and 7, the truth is: I became really depressed after being
terminated from my job but it is not true that I get mad to her and our children easily. In fact,
since I was always at home, I had more time bonding with my children.
4. Paragraph 8 is DENIED. Although it is true that I became more stressed because of unpaid
billings, I never cursed in front of my common-law wife and I never cursed her.
5. Paragraphs 9, 10 13, and 14 are DENIED. I never hurt the complainant. During those though
times, we were always fighting but I never laid my hands on my wife.
6. As regards paragraph 13, the truth of the matter are as follows: On November 2, 2015, it
was complainant’s first day of work. She previously informed me that her shift was from
8:00am to 5:00pm. It was already 6:00pm and she has not arrived home yet. I tried calling her
several times but she did not answer. I was worried about her so I decided to call some college
friends over. The complainant arrived around 11:00pm. During that time, I was having a few
drinks with my college friends. I noticed that she was driven home by a guy with a car. When
we entered our house, I asked her who that guy was. She shouted at me and said, “Wala ka na
do’n! Sawang-sawa na ako sa ‘yo! Ako pa ang kailangang magtrabaho para sa atin! Mabuti pa
ang ibang lalake dyan! Wala kang kwenta!” Enraged, I threw her bag and some papers on the
table in our living room. She also started throwing her things to me. My friends and children
approached us and tried to stop us. As a result of the commotion, our son, Lance, fell on the
ground and was slightly hurt.
7. Paragraph 14 is DENIED. I never had a confrontation with the complainant’s mother.
8. Paragraph 15 is DENIED. The truth of the matter are as follows: I was watching my son and
our neighbor’s son play outside when I heard my son said, “Gago ka! Madaya!” I apprehended
my son right at that very moment. I admonished him and told him that he should not be saying
bad words. However, I never hit my son.
9. The filing of the complaint is the complainant’s way of leaving me because she intends to
be with his paramour already. I have been noticing that since she started applying for a job,
there has been always someone who drops her off a few blocks away from our house. Also, she
always gets calls and text messages late in the evening. And on the day the complainant left
me, she told me that she deserves someone better than me, like his co-worker.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 13th day of April 2016 in the
City of Cavite, Philippines
LANZ AIDAN L. OLIVES
Respondent/ Affiant
_____________________________________________________________
SUBSCRIBED AND SWORN TO before me this April 13, 2016 in the city of Cavite, Philippines.
ATTY. GRACE MARIELLE CRUZ
Associate City Prosecutor
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Labels: Legal Forms
VAWC Complaint (sample)
Republic of the Philippines
Fourth Judicial Region
Regional Trial Court
Branch XVI
Cavite City
MICHELLE A. VALE CRUZ
Complainant,
- versus -
Complaint for: Violation of R.A 9262
Violence Against Women and their
Children
LANZ AIDAN L. OLIVES
Respondent.
x-------------------------------x
COMPLAINT – AFFIDAVIT
I, MICHELLE A. VALE CRUZ, single, of legal age, Filipino, with residence at 518 Advincula St., San
Antonio, Cavite City, after having been duly sworn in accordance with law, hereby depose and
state: THAT
1. I am the same person who is the complainant in the instant case;
2. The respondent and I were college sweethearts for more than three years.
3. On March 28, 2010, our third anniversary and right after our graduation, we both decided
to live together in the house which his parents bought for him located at 417 Salazar St., San
Antonio, Cavite City.
4. After being live-in partners for more than five years, we were blessed with two wonderful
kids, Lance Alden V.C Olives aged 4, and Mish Aveline V.C Olives aged 2.
5. The first five years of our common-law relationship have been harmonious. He was a great
provider for his family. He showed nothing but being a loving and caring man.
6. However, things changed starting July 29, 2015, when he was terminated from the firm
where he was working. Since then, he became jobless and depressed.
7. Weeks after he was terminated, he persistently looked for jobs but to no avail. All other
firms and companies where he applied rejected him. Because of this, he became frustrated. He
easily gets mad to me and our children.
8. On September 18, 2015, after he went from a job interview, I talked to him and told him
that the electricity bills and telephone bills are already due. He responded violently and said,
“Putang ina. Bayarin na naman?! Hindi na natapos ang mga babayaran na ‘yan!” His response
shocked me because I have never heard my common-law husband cursed like that. Knowing
him since college, I know that he does not curse not use bad words especially in front of our
children.
9. On September 20, 2015, around 10:00 p.m, he arrived home drunk. I offered him dinner.
However, when he found out that our food was only fish and vegetables, he was enraged. He
said, “Gulay?! Gulay lang ang ipapakain mo sa ‘kin? Anak ng puta! Paano naman ako
magkakaroon ng gana maghanap ng trabaho niyan kung hindi mo ‘ko pakakainin nang maayos?
Wala kang silbi!” After he uttered those words, he threw the plates and the food in my face. He
even poured the glass of water on my face.
10. On September 22, 2015, I went to my mother’s house and asked for money for
the payment of electricity bills. After such, I paid our bills and went home. When my husband
arrived home, I informed him that I was able to pay the bills by borrowing money from my
mother. This angered him again. In front of our kids, he grabbed my arm and pressed my face
and told me, “Pinapamukha mo ba sa aking wala akong kwentang ama?! Putang ina kang babae
ka!” He proceeded to hit me in the face causing me to lose my consciousness.
11. With our savings gradually deteriorating and my husband still jobless, I
decided to apply for work. I informed my husband of my plan but he was silent about it.
12. On October 25, 2015, I informed him that I got accepted as a call center agent
in Teleperformance Mall of Asia and was about to start my training the next week. Ever since,
he stopped looking for jobs and stayed home.
13. November 2, 2015, I started my job as a call center agent. My shift was from
2:00pm to 10:00pm. When I arrived home from work, I found him drinking with his college
friends in our garden. He then approached me and punched me in the stomach, in front of his
friends and our children. He proceeded in accusing me that I have a paramour. I remember him
saying, “Ikaw hayup ka. Napakalandi mo talagang babae ka. Gabing-gabi na ngayon ka lang
umuwi. Sino’ng lalake mo, tang ina ka?!” His college friends and our children tried to stop him
but he even pushed our son away causing Lance to fall and sustain minor injuries. I was then
rushed to the nearest clinic to treat my wounds and contusions.
14. On November 15, 2015, my birthday, I went to my mother and confessed to
her what the respondent has been doing to me. Unknowingly, my mother talked to respondent
about it. When I went home that night, the respondent pulled my hair and pressed my face
against the wall. He said, “Hayup ka! Magsusumbong ka pa sa nanay mo?”
15. On November 20, 2015, right after my shift, I arrived home early and noticed
some bruises to my son’s legs. I asked him how he sustained them. My son started crying. I
asked him who did that to him and he said, “Si Papa po” while crying.
16. Since I could not bear his hitting anymore, I decided to move to my mother’s
place together with my children.
17. The acts aforementioned are violative of Republic Act No. 9262 or Anti-
Violence Against Women and Their Children Act of 2004 which provides that
"Violence against women and their children" refers to any act or a series of acts committed by
any person against a woman who is his wife, former wife, or against a woman with whom the
person has or had a sexual or dating relationship, or with whom he has a common child, or
against her child whether legitimate or illegitimate, within or without the family abode, which
result in or is likely to result in physical, sexual, psychological harm or suffering, or economic
abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that
after due notice and hearing, judgment be rendered in favor of Complainant:
1. For the issuance of temporary protection order from respondent;
2. For the payment of support to his children
3. Other reliefs just and equitable under the premises are likewise prayed for.
Cavite City, Philippines, April 13, 2016.
_____________________________
Affiant
Assisted by:
ATTY. GRACE MARIELLE CRUZ
Counsel for Plaintiff
Cruz & Associates Law Firm
117 Gamboa St., San Lorenzo, Cavite City
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
Republic of the Philippines
(City of Cavite ) S.S.
I, MICHELLE A. VALE CRUZ, of legal age, after having been duly sworn in accordance with law,
depose and state that:
1. I am a complainant in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and correct of my
personal knowledge and/or on the basis of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to this Honorable Court.
Cavite City, Philippines, April 13, 2016
__________________
Michelle A. Vale Cruz
SUBSCRIBED AND SWORN TO before me this April 13, 2016 in Cavite, Philippines the following
affiant exhibiting to me her Passport No. 158157 issued at DFA Manila being sufficient and
competent evidence of her identity in pursuant to the 2004 Rules of Notarial Practice.
Doc. No.___________; Kayelyn Lat
Page No.___________; NOTARY PUBLIC for Cavite
Book No.__________; Commission Serial No.______
Series of 2016. Until December 31, 2016
Roll of Attorney_______
IBP No.________
PTR No._______
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Labels: Legal Forms
Unlawful Detainer Complaint (sample)
Republic of the Philippines
MUNICIPAL TRIAL COURT
Cavite City
MICHELLE A. VALE CRUZ
Plaintiff,
Civil Case No. 55121
For: Unlawful Detainer
LANZ AIDAN L. OLIVES
Respondent.
x-------------------------------x
COMPLAINT
PLAINTIFF, by counsel, and unto this Honorable Court, most respectfully allege: THAT
1. Plaintiff is of legal age, Filipino, with residence and postal address at 777 Heaven St., San
Antonio, Cavite City where she may be served notices and other court processes;
2. Respondent is of legal age, Filipino, with residence and postal address at 518 VC
Apartments M. Gregorio St., San Antonio, Cavite City;
3. Plaintiff is the absolute owner and lessor of that certain apartment situated in Cavite City
and now leased ad occupied by the respondent;
4. Pursuant to the lease contract (Exhibit A) executed by the plaintiff and the respondent
dated October 28, 2015, the respondent is obliged to pay a monthly rental payment of
P10,000.00 to the plaintiff;
5. A stipulation in the said lease contract provides that in case of default by the lessee of the
payment of the rent such as when the checks are dishonored, the plaintiff at its option may
terminate this contract and eject the lessee;
6. On January 28, 2016, the plaintiff tried to encash BPI Check No. 25613 corresponding to
the rental payment for the month of January but the same was dishonored due to insufficiency
of funds;
7. On the same day, plaintiff informed the respondent that the latter’s check was dishonored
and demanded that formed be paid in cash instead but the respondent failed to do so;
8. On February 28, 2016, the plaintiff tried to encash BPI Check No. 25614 corresponding to
the rental payment for the month of February but the same was also dishonored due to
insufficiency of funds;
9. On the same day, plaintiff again went to the respondent and demanded for the payment of
the two dishonored checks and for respondent to vacate the premises but respondent failed to
tender payment and refused to vacate the premises;
10. On March 15, 2016, plaintiff, with assistance of a counsel, sent a formal
demand letter (Exhibit B) to the respondent giving him ten days to make his rental payment and
vacate the premises
11. On March 25, 2016, at the expiration of the ten-day grace period given by the
plaintiff, the respondent still has not made his payment and consistently refused to vacate the
apartments;
12. Until now, respondent still refuse to vacate and restore possession and pay his
rentals.
13. Thus, respondent is unlawfully withholding possession of the subject
apartment from the plaintiff despite last and final demand, to the damage and prejudice of the
plaintiff;
14. Before filing this complaint, the dispute has been referred to the Lupong
Tagapamayapa of Cavite City but the respondent failed to appear, hence, no amicable
settlement was made (Exhibit C).
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that
after due notice and hearing, judgment be rendered in favor of Plaintiff:
1. For the restitution of the abovementioned apartment;
2. For the payment of TWENTY THOUSAND PESOS (P20,000.00), Philippine currency,
representing the arrears of rent now overdue;
3. To pay the cost of the suit
Other reliefs just and equitable under the premises are likewise prayed for.
Cavite City, Philippines, March 31, 2016.
ATTY. GRACE MARIELLE CRUZ
Counsel for Plaintiff
Cruz & Associates Law Firm
117 Gamboa St., San Lorenzo, Cavite City
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
Republic of the Philippines
(City of Cavite ) S.S.
I, MICHELLE A. VALE CRUZ, of legal age, after having been duly sworn in accordance with law,
depose and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and correct of my
personal knowledge and/or on the basis of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to this Honorable Court.
Cavite City, Philippines, March 31, 2016
__________________
Michelle A. Vale Cruz
SUBSCRIBED AND SWORN to before me this 31st day of March 2016 at Cavite City,
Philippines affiant exhibiting to me her Passport No. 58158450 issued in DFA Manila 2014.
Doc. No.___________; Kayelyn Lat
Page No.___________; NOTARY PUBLIC for Cavite
Book No.__________; Commission Serial No.______
Series of 2016. Until December 31, 2016
Roll of Attorney_______
IBP No.________
PTR No._______
