CEBU, Philippines - Two of the five students who were banned from attending their graduation rights filed a petition for certiorari before the Supreme Court of the Philippines seeking for the nullification of the lower court’s ruling,
Earlier, Judge Raphael Yrastorza of Regional Trial Court Branch 14 denied the writ of habeas data.
“It was the alleged nameless students who violated the supposed privacy of the subject minors, that there was no actual or threatened violation of the right to life, liberty or security of the minors and that information uploaded to Facebook somehow loses its privacy in some way,” decision reads.
The minors, through their counsel Cornelio Mercado, questioned the decision citing the finding of facts and law “are baseless, speculative and patently erroneous.”
They are seeking for the nullification of the decision and asking the SC to declare the intrusion of the Facebook account and collection of images be declared a violation of their right to privacy.
To support their statement, the minors, through their counsel, cited numerous laws and jurisprudence on privacy.
Mercado said the court agreed with their contention that there was an invasion of privacy but wanted to spare the respondents from the case.
“In its decision, RTC 14 agreed that privacy was violated but it dismissed the petition for writ of habeas data for three grounds,” the petition reads.
The petitioner claimed that it was the computer teacher of the Saint Theresa’s College (STC) High School Department who had the direct control of the computer lab and its computers.
Mercado alleged it was Escudero who spread the photos of the minors which led to his clients not being able to attend their graduation rites as punishment for the alleged violation of the school rules and regulation. - THE FREEMAN