Court junks habeas data petition

CEBU, Philippines - The Regional Trial Court has dismissed the petition for writ of habeas data filed by the parents of the minors who were barred from attending their graduation rites last March against the Saint Theresa’s College for insufficiency of evidence.

In a 10-page ruling released last Friday, Regional Trial Court Judge Raphael Yrastorza denied the petition filed by the parents of the five students.

Lawyer Joan Largo of the STC High School Department said that the ruling affirmed its position that the downloading of the photos in question was legal because these were used by the school administration as basis in giving sanctions.

Largo said the photos were downloaded from the Facebook accounts of the minors in their presence. It was done for the purpose of meting out penalties against the students for violating the school rules and regulations.

The court also sustained STC’s argument that there was no privacy on Facebook.

“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,” she said.

She added the ruling of the court will serve as a timely lesson for everybody to take cyber responsibilities.

Largo said she will attach the decision of the court to the main case for injunction filed by the minors and the criminal cases filed before the Cebu City Prosecutor’s Office.

Meanwhile, lawyer Cornelio Mercado of the complainants said they will probably file an appeal over the dismissal of the civil case.

He told The FREEMAN he cannot comment yet on the dismissal of the case since he has yet to read the decision.

The parents of the minors who were barred from attending their graduation rites earlier filed a petition before the court to compel the school to produce the Facebook photos.  (FREEMAN)