Thursday, September 15, 2011

Whether the Chan Robles Law Firm be compelled by a private person to remove any jurisprudence on the claim that it violates his rights to privacy?

  • Article 8 of the New Civil Code expressly provides that "Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines."
  • Jurisprudence has also been a very important tool in helping students and lawyers alike, to adequately interpret the applicable laws based on similarities on facts and circumstances.
  • A better option therefore, instead of removing jurisprudence, as opined by the National Press Club will be to provide a very general description of the individual in recognition of the need to carefully balance the right to information with the welfare of the parties involved. The Office of the Solicitor General also suggests the adoption of a system of coding which could include the use of pseudonyms.
  • In the Cabalquinto case, the Supreme Court held that in response to a mother's plea for her daughter's right to privacy, and in consideration of all the opinion submitted by the various agencies required under A.M. No. 99- 7 -06 -SC to comment, the Court shall withhold the real name of the victim-survivor and shall use fictitious initials instead to represent her. Likewise, the personal circumstances of the victims-survivors or any other information tending to establish or compromise their identities, as well as those of their immediate family or household members, shall not be disclosed.
  • Such respect for privacy is expressly provided under sec. 29 of R.A. 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act); sec. 44 of R.A. 9262 (Anti-Violence Against Women and their Children Act) and; sec. 20 of the Rules and Regulations on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders.
  • However, to limit such ruling among women, children and youth offenders will seemingly contradict the Constitutional provision on privacy under Art. III sec. 1 of the 1987 Constitution where it also expressly provides that "nor shall any person be denied equal protection of the laws." Of equal importance therefore, will be the right to privacy of those who might have been accused but not yet convicted, and do not fall within the scope of women and children.
  • In sum, in compliance with existing laws and jurisprudence on right to privacy, any private person, whether victim or accused, may compel any repository for jurisprudence and laws, such as the Chan Robles Law Firm to apply the En Banc decision of the Supreme Court in People v Cabalquinto promulgated on September 19, 2006.

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