Beruflich Dokumente
Kultur Dokumente
Relevant Provisions:
Facts:
Julia and Julienne, both minors, were graduating high school students at St. Theresa’s College Cebu.
In January 2012, along with several others, while changing into their swimsuits for a beach party they were about to attend, they took digital pictures of themselves only
in their undergarments which Angela posted on her Facebook profile.
Escudero, a computer teacher at STC learned from her students that some seniors at STC posted such photos. She asked them if they knew who the girls were and
were readily identified as Julia, Julienne and Chloe, among others.
Escudero reported the matter to Tigol, STC’s discipline-in-charge for appropriate action.
o STC found the identified students to have deported themselves in a manner proscribed by the Student Handbook:
Possession of alcoholic drinks outside the school campus
Engaging in immoral, indecent, obscene or lewd acts
Smoking and drinking alcoholic beverages in public places
Apparel that exposes the underwear
Clothing that advocates unhealthy behavior
Posing and uploading pictures on the Internet that entail ample body exposure
The students reported to Sr. Purisima, the STC’s high school principal.
o They claimed that they were castigated and verbally abused by the STC officials
o Sr. Purisima informed their parents that as penalty, they will not be allowed to join the commencement exercises
A week before graduation, Angela’s Mother (Dr. Tan) filed a Petition for Injunction and Damages before the RTC of Cebu against STC, praying that defendants be
enjoined from precluding Angela from joining the commencement exercises. The mother of Julia (Vivares) joined as an intervenor.
RTC issued TRO allowing the students to attend graduation, STC filed a motion for reconsideration, and nevertheless sanctioned the students.
Petitioners filed a Writ of Habeas Data:
o The photos of the students in their undergarments were taken for posterity
o The privacy setting was set at “Friends Only” reasonable expectation of privacy on the part of the students
o Respondents, being involved in the field of education, ought to have known the laws that safeguard the right to privacy girls, whose privacy are invaded, are
the victims
o Photos accessed belong to the girls cannot be used and reproduced without their consent Escudero violated by saving copies and subsequently showing
them to STC’s officials
Respondents:
o Petitioners are not the proper parties
o Petitioners are engaging in forum shopping
o Instant case in not one where a writ of habeas data may issue
o No violation of their right to privacy
RTC: Dismissed the petition for habeas data petitioners failed to prove the existence of an actual or threatened violation of the minor’s right to privacy
Issue 1: Ratio:
WON there was indeed an actual or threatened violation of the right to privacy SUBSTANTIVE ISSUE: WON STC violated petitioners’ daughters’ right to privacy
in the life, liberty or security of the minors (NO) (NO)
Issue 2: Ratio:
Dispositive Portion:
WHEREFORE, premises considered, the petition is hereby DENIED. The Decision dated July 27, 2012 of the Regional Trial Court, Branch 14 in Cebu City in SP. Proc. No.
19251-CEB is hereby AFFIRMED.
No pronouncement as to costs.
SO ORDERED.