Friday, September 16, 2011

whether chanrobles, lawphil, ust repository of laws or any other private repository of laws and jurisprudence be compeled by private person who's name was mentioned in the decision of the court , may be removed in violation of right to privacy

 No, the right to privacy of an individual is not absolute, it is subject to limitation as provided by law. a person cannot use such right as a defense against any person or institution. first, we define what is the right.
-right to privacy- the right to be let alone; the right of a person to be free from unwarranted publicity. term " right to privacy" is generic term encompassing various rights recognized to be prevents governmental interference in intimate personal relationships or activities, freedom of individual to make fundamental choices involving himself, his family, and his relationship with others. ( Black's law dictionary 5th ed. p. 624)
- the right to privacy as such is accorded recognition. the language of prof. Emerson is particularly apt; " the concept of limited governmental powers stop short of certain intrusions into the personal life of the citizen. this is indeed one of the basic distinctions between absolute and limited government. ( the constitutional philosophy of Phil. jurisprudence by Justice Puno p. 763)
- justice Douglas pointed out in the case of public utilities commission vs. pollak, 343 US 451 (1952), cited in morfe vs. mutuc 22 SCRA 424 " liberty in the constitutional sense must mean more than freedom from unlawful governmental restraint; it must include privacy as well if it is to be a repository of freedom. the right to be let alone is indeed the beginning of all freedom.
- the limitation of such right. the constitutional guarantee of privacy of communication and correspondence will not also be violated because a court has power and jurisdiction to issue such orders in virtue of the express exception made in favor of the disclosure upon lawful order of a court of justice. ( materials distributions inc. vs. natividad 84 Phil. 27)
- our constitution provide under Art. VIII sec. 5 the power of the Supreme Court  such as:
 (2) review, revise, reverse, modify of affirm on appeal or certiorari as the law or the Rules of Court may provide, final judgments and order of lower courts in ;
          c. all cases in which the jurisdiction of any lower courts is in issue.
          e. all cases in which an error or question of law is involved.
- Art VIII sec. 14 of the same provision in our constitution provide: " no decision shall be rendered by any court without expressing therein clearly and distinctly the facts and law on which it is based.
- the first paragraph of this section (sec. 14) refers to " desitions" that is, the final determination made by a court of the substantive issues brought for resolutions. ( 1987 constitutions, a commentary by Bernas P. 994) 
- it is a requirement of due process and is certainly desirable in the interest of clearness and certainty, that court should state the facts and the reasons upon which their decisions rest. (ocampo vs.cabangis 15 Phil. 828) 
- when a right or fact has been judicially tried and determined by a court of competent jurisdiction, so long as it remains unreversed, it should be conclusive upon the parties and those in privity with them in law or estate, in accordance with the rule on conclusiveness of judgment. ( handbook of civil procedure by agpalo 2001 ed. p. 450)    
- chanrobles, lawphil, ust repository of laws and other any other private repository of laws and jurisprudence have a right to published and posted the said court decision without violating the privacy right of an individual. only the Supreme Court has the power and authority to grant the changes of any information regarding the said information  or decision.
- under the civil code art. 8 judicial decisions applying or interpreting the laws or the constitution shall form a part of the legal system of the Philippines.
- courts are not limited to the automatic and mechanical functions of interpreting the law. they have, further, a double functions: first, to fill the deficiencies of legislation and provide a rule for the facts of a given case for which there is neither positive provision of law nor established custom; and second, to adapt and adjust rigid and inflexible provisions of law, rendered in adequate by time and circumstances, to the changing conditions of life and society, so that the law may accomplish its social mission. ( 1 civil code of the Phil. by Tolentino, p 37) - furthermore, decisions with a full exposition of the facts and the law upon which they are based, particularly if they originate from the Supreme Court, are useful references for bar and bench alike, not to mention law students. ( Philippine political law by Cruz 2002 ed. p 289)            

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