I was one of those who filed yesterday a petition for the issuance of a writ of habeas data against Commission on Elections Chairman Sixto Brilliantes and Deputy Presidential Mouth Abigal Valte.  I decided to join the petition because last Monday, my law office received a registered mail which contained a letter threatening my life. The letter asked me not to “allow myself to be used ” and to” refrain from wasting my intelligence”. It was signed by the “Rodante Untal Command” which purportedly is part of the New People’s Army.

I do not know who sent the letter. I can think of no less than four sensitive cases that I am involved with that could have occasioned the treat. There’s the Ampatuan massacre case, the Gerry Ortega murder case, the Evangelista torture case, and the murder case of Manolo Daza, brother of former Deputy Speaker Raul Daza. And yet, despite the fact that the threat may have come from anyone connected with any of these cases, I opted to join the Habeas Data petition against the Comelec, if only to eliminate the poll body as being the source of this latest threat to my life and security.

The writ of habeas data was enacted by the Supreme Court under then Chief Justice Reynato Puno as a means of utilizing the Court’s rule-making powers to protect and promote the right to life. It was promulgated by the Supreme Court after it declared “all branches of government to be in breach of the duty to protect and promote the right to life”. This right is undoubtedly the most important of all rights since without it, no exercise of any other human right could be possible. It was intended  “for people whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee,  x x x engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party”. The relief that may be ordered  when the writ is issued includes: “updating, rectification, suppression or destruction of the database or information or files kept by the respondent. In case of threats, the relief may include a prayer for an order enjoining the act complained of”.

I suspect both Brilliantes and Valte as among those behind the threat because both have made  statements to the media acknowledging the use of no less than P30 million in intelligence funds  to “surveil election saboteurs” such as the AES Watch. I am a founding convenor of this group. Said Brillantes to the media : “Bakit sila matatakot kung wala silang ginawang masama? Talaga namang ginagamit ang intel fund sa mga nagsasabotahe ng election” or only to those out to sabotage the polls. “Kapag natatakot sila, ibig sabihin meron sila sigurong ginagawang masama”. Later Brilliantes added: “They made our life difficult. Now, they should watch out how I get payback“.

Valte for her part, confirmed that it was the President that gave Comelec the P30 million in intelligence fund: “The justification is supposed to be utilized for intelligence, counter-intelligence activities and gathering of information relative to the activities of certain groups, individuals and technology experts suspected of conducting overt and covert operations to sabotage the results of the elections.”

I repeat, I do not have evidence on who was responsible for the latest threat on my life. But because I consider this as serious, lest I end up as part of the growing statistics of victims of extra-legal killings, I  filed the petition to narrow down the possibilities.

Under the writ, I hope to obtain the information gathered by the COMELEC, which prompted Brilliantes to label  us in AES watch as a group of “saboteurs”. Note that Brilliantes has also said that he will expose the groups behind us. He has never made that disclosure. Meanwhile, I am entitled to know exactly what information the Comelec  has to rule out the possibility that the COMELEC or Valte is responsible for the latest threat against me.

In any case, I would like to assure everyone that since the time we filed our petition impugning the constitutionality of the use of the precinct count optical scan machines in 2009, we have been guided solely by the concern that the chosen automated election system, the PCOS,  violates the constitutional right to secret voting and public counting. Our concern currently is unless the safeguards provided by law are complied with, to wit: examination of the source code, use of digital signatures, and enabling vote verification,  are implemented by the Comelec; the right of the people to a clean elections would be the subject of continuing violation. For what it is worth, the contractor, Smartmatic, had already earned its  profit.  Presumably, all those who made money from the use of the PCOS have also already cashed in. Isn’t it time now that the voters are accorded their right to public counting of their ballots?

I do not know how the Supreme Court will resolve the petition. All that I can do as one whose life and security is  under threat is to avail of all legal remedies to protect my rights.

I leave the rest to God.

Harry Roque Jr. is professor of law and director of the University of the Philippines Law Center's Institute of International Legal Studies. Visit Harry Roque's blog. Follow him on Twitter @attyharryroque.