Surveillance and monitoring of his activities and for

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surveillance and monitoring of his activities and for his name to be excluded from the order of battle and other government records connecting him to the Communist Party of the Philippines (CPP). Without necessarily giving due course to the petition, the Court issued the writ of amparo commanding the respondents to make a verified return, and referred the case to the Court of Appeals (CA) for hearing and decision.The case before the CA was docketed as CA-G.R. SP No. 00024 WOA. On July 9, 2008, the CA rendered its Decision, denying on formal and substantial grounds the reliefs prayed for in the petition and dropping former President Gloria Macapagal Arroyo as a respondent. On July 21, 2008, Petition for Review was filed assailing the foregoing CA decision. On August 31, 2010, the Court issued the Resolution denying the petition for review. While the issuance of the writs sought by the petitioner cannot be granted, the Court nevertheless finds ample grounds to modify the Resolution dated August 31, 2010. Section 5 of A.M. No. 07-9-12-SC (Rule on the Writ of Amparo) and Section 6 of A.M. 08-1-16-SC (Rule on the Writ of Habeas Data) provide for what the said petitions should contain. In the present case, the Court notes that the petition for the issuance of the privilege of the writs of amparo and habeas data is sufficient as to its contents. The petitioner made specific allegations relative to his personal circumstances and those of the respondents. The petitioner likewise indicated particular acts, which are allegedly violative of his rights and the participation of some of the respondents in their commission. As to the pre-requisite conduct and result of an
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POLITICAL LAW CASE DIGESTS 62 investigation prior to the filing of the petition, it was explained that the petitioner expected no relief from the military, which he perceived as his oppressors, hence, his request for assistance from a human rights organization, then a direct resort to the court. Anent the documents sought to be the subject of the writ of habeas data prayed for, the Court finds the requirement of specificity to have been satisfied. The documents subject of the petition include the order of battle, those linking the petitioner to the CPP and those he signed involuntarily, and military intelligence reports making references to him. Although the exact locations and the custodians of the documents were not identified, this does not render the petition insufficient. Section 6(d) of the Rule on the Writ of Habeas Data is clear that the requirement of specificity arises only when the exact locations and identities of the custodians are known. The Amparo Rule was not promulgated with the intent to make it a token gesture of concern for constitutional rights. Thus, despite the lack of certain contents, which the Rules on the Writs of Amparo and Habeas Data generally require, for as long as their absence under exceptional circumstances can be reasonably justified, a petition should not be susceptible to outright dismissal.
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