Republic of the Philippines

Regional Trial Court

Davao City

Pearl Canada, Case No. 23
Petitioner,

- versus -

Lou Benjamin Bertini
Respondent(s).
x ----------------------------------- x

PETITION FOR WRIT OF HABEAS DATA

PETITIONER thru counsel, unto this Honorable Court respectfully avers that:


1. Petitioner Pearl Canada, is a Filipino, of legal age and a resident of Maa, Davao
City;

2. Respondent Lou Bertini Benjamin is a public officer occupying the position of
Auditor and with office address at BIR building, Panacan Highway, Davao City;

STATEMENT OF FACTS

3. Petitioners right to privacy was violated by the officials of the BIR specifically Ms.
Lou Benjamin when she forcibly got access to my information in the computer
unit of one of her officemates who happened to be my best friend. She got into
my personal emails and found out my sources of livelihood and business
transactions. My best friend is an IT graduate and I


4. The


WHEREFORE, it is respectfully prayed, that:

1. A Writ of Habeas Data be immediately issued;

2. After due hearing, an order be issued destroying the database or information or
files being kept by the respondent.

3. An order be likewise issued after hearing, enjoining respondent from conducting
further surveillance and collection of information on the petitioner.

Other forms of relief just and equitable under the premises are likewise prayed for.


[CITY] ___________; [DATE] _________________________.

[SIGNATURE]
[NAME OF COUNSEL] ___________
Counsel for Petitioner
[ADDRESS] ______________
IBP Lifetime No. ____________; [CITY] _____________
PTR No. _______________; [DATE], [CITY]
Roll of Attorney No. _______________________
MCLE Compliance No. ____________________


VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, [NAME] _____________________, of legal age, do hereby state that: I am the
plaintiff in the pleading/document entitled [PLEADING/DOCUMENT BEING VERIFIED]
___________________ and in such capacity, caused this Complaint to be prepared; I have
read its contents and affirm that they are true and correct to the best of my own personal
knowledge; I hereby certify that there is no other case commenced or pending before any
court involving the same parties and the same issue and that, should I learn of such a case,
I shall notify the court within five (5) days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on [DATE]_____________.

[SIGNATURE]
[NAME] _________________


SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day
of [MONTH AND YEAR]_________________, affiant exhibiting before me his Government
Issued ID no. _______________ issued on [DATE}__________________ at [PLACE OF
ISSUANCE]_____________________.


[SIGNATURE]
[NAME]_______
Notary Public

Until [DATE]__________________
PTR No. [NUMBER] ____________
Issued at [PLACE]______________
On [DATE] ___________________

Doc. No.
Page No.
Book No.
Series of [YEAR] ___________.



Copy furnished through personal service:

[NAME OF COUNSEL] __________________
Counsel for the Defendant
[FIRM NAME] _______________
[ADDRESS] ________________