STC asks court to deny petition

CEBU, Philippines - Citing lack of merit, the Saint Theresa's College (STC) High School Department is seeking the court's denial on the petition for writ of habeas data.

 Earlier, the parents of the two minors barred by the school from attending their graduation rites filed a petition before the court compelling the school to produce the Facebook photos which it allegedly possessed.

 In his order, Judge Raphael Yrastorza of Regional Trial Court Branch 14 directed Mylene Rheza Escudero, a computer teacher, and STC, to file their answer within five days upon receipt of the order.

Through lawyer Joan Largo, the respondents asked the court to deny the petition, citing “fatal defects and lack of merit.”

 They claimed that under Sections 1 and 2 of the Rule on Writ of Habeas Data, it's the aggrieved party that has the personality to file the case.

 “This petition makes allusion to right to privacy of the minors. However, this petition was not filed by any of these persons. Under AM No. 08-1-16-SC, or the Rule on Writ of Habeas Data, the petition must be filed by the aggrieved party,” they said in their reply to the court.

The petition was reportedly filed by the parents.

The respondents argued that the immediate family can only file on behalf of the aggrieved party in cases involving extralegal killings and enforced disappearances.

“But from the allegations in the petition, it can be clearly gleaned that this is not a case involving extralegal killings or enforced disappearances,” respondents said. 

They added that the petition filed never show threat to life, security and liberty to the aggrieved party.

The respondents also argued that the minors' right to privacy was never violated, adding that they know for a fact that once the photos were posted on Facebook, they already lost their privacy.

“It is acknowledged by courts in other jurisdictions that there is no reasonable expectation of privacy in social networking sites such as Facebook. When these minors uploaded their photographs on Facebook and permitted their friends to view them, they have been duly warned that the people you share with can always share your information with others, including apps,” they said.

They said the purpose of the creation of the social networking site is to share information. In order to maintain their privacy, respondents said the complainants should not have uploaded their photos on Facebook.

As to the copies of the photos, the respondents said they were downloaded from the Facebook accounts of the minors with their presence. Respondents said the photos violated the school rules. Some of the photos showed the minors allegedly drinking liquor and others.

Meanwhile, the respondents claimed that the petitioners committed forum shopping.

“Respondents most respectfully reserve the right to file a criminal case for perjury as the petitioners clearly perjured in their certification of non-forum shopping, when they stated under oath that they have not filed any other action involving the same issue, when the truth is that they have,” they said.

The case stemmed from the barring of the minors from joining the commencement exercises by the school as a way of sanctioning them for posting allegedly “obscene photos on their Facebook accounts.”  (FREEMAN)