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The literal translation from Latin of habeas data is "[we command] you have the data," or "you [the data subject] have the data." [ 1 ] The remedy varies from country to country, but in general, it is designed to protect, by means of an individual complaint presented to a constitutional court , the data , image, privacy, honour, information ...
In the Philippines, amparo and habeas data are prerogative writs to supplement the inefficacy of the writ of habeas corpus (Rule 102, Revised Rules of Court). Amparo means 'protection,' while habeas data is 'access to information.' [1] Both writs were conceived to solve the extensive Philippine extrajudicial killings and forced disappearances since 1999.
In United States law, habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /) is a recourse challenging the reasons or conditions of a person's confinement under color of law.A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into ...
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
At the early years of the American Rule in the Philippines, lawlessness was rampant and criminal activities were at large. Governor-General James Francis Smith, with the consent of the Philippine Commission, suspended the privilege of the writ of habeas corpus in the provinces of Batangas and Cavite. A petition was raised questioning such ...
The Supreme Court normally DIGs a case through a per curiam decision, [a] usually without giving reasons, [2] but rather issuing a one-line decision: "The writ of certiorari is dismissed as improvidently granted." However, justices sometimes file separate opinions, and the opinion of the Court may instead give reasons for the DIG.
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Puno admitted the inefficacy of habeas corpus, under Rule 102, Rules of Court, since government officers repeatedly failed to produce the body upon mere submission of the defense of alibi. By invoking the right to truth , habeas data will not only compel military and government agents to release information about the desaparecidos but require ...