8/10/2019 Meralco vs. Lim

1/2

Prepared By: Hezekiah D. Nicdao 1

MERALCO v. Lim

GR No. 184769

October 5, 2010

Specific constitutional provision/s cited: A. 3, 1, Due Process Clause

FACTS:

An anonymous letter denouncing Rosario G. Lim, an administrative clerk at the Manila Electric

Co. [MERALCO], was posted and spread at their Plaridel Bulacan office. Lim reported it to the

local police. With these threats against her from unknown individuals and which could possiblycompromise her safety, Deyto, head of Human Resources [HR] Staffing, transferred Lim to

MERALCO Alabang.

Lim wrote to Sapitula, Vice President of HR, requesting for the deferment of transfer pendingher appeal, which states that (a) her side be heard, else a deprivation of due process, as the

transfer is punitive in nature, considering (i) the travel from her residence in Pampanga to

Alabang and (ii) Alabang being unfamiliar to her, betray[s] the real intent of management (b)violates her job security (c) she shouldve been informed of the alleged threats, dismissing the

anonymous letters threats as highly suspicious, or mere jokes.

With Sapitula not responding, Lim filed at the Bulacan Regional Trial Court Branch 7 (a) aTemporary Restraining Order on the transfer, and (b) a petition for the issuance of a writ of

habeas data[alleging that MERALCOs failure to disclose the alleged security threats against

Lim is unlawful and violated her right to privacy to life, liberty and security] againstMERALCO.

MERALCO responds, stating that (a) the National Labor Relations Commission and not the

Regional Trial Court has jurisdiction, and (b) a writ of habeas datais out of order. The RTCrules in favor of Lim.

Hence, this petition for review.

ISSUE:

WON writ of habeas data is rightfully granted to Lim.

HELD:

NO.A writ of habeas data is a 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 private individual or

entity engaged in the gathering, collecting or storing of data or information regarding the

person...against abuse in this age of information technology. It is intended usually for victims of

extra-legal killings and political activists and the RTC erred in extending such right to an

ordinary citizen like Lim.

8/10/2019 Meralco vs. Lim

2/2

Prepared By: Hezekiah D. Nicdao 2

Employment is a property right under the due process clause. A writ of habeas data neither

protects purely property concerns nor supports vague or doubtful grounds for petition. Lims

allegation that her right to privacy was breached by MERALCOs failure to disclose to her the

reports on the threats to Lims security is at best speculative. Lim (a) dismissed the letter

suspicious or a joke and (b) unwittingly concedes that the issue is labor-related in stating that

managements real intent is punitive.

The National Labor Relations Commission [and Labor Arbiters] indeed has jurisdiction over the

case, which concerns an employer-employee relationship, and its terms and conditions,

specifically Lims transfer.

Petition granted. RTC Decision dismissed.