Miriam: Release of GMA mugshots a violation of her right to privacy

MANILA, Philippines - Senator Miriam Defensor-Santiago said yesterday that the release and publication of the mugshots of former President and now Pampanga Rep. Gloria Macapagal-Arroyo was a violation of her personal right to privacy.

While admitting that there is nothing under the Bill of Rights that guarantees the right to privacy, Santiago argued that United States jurisprudence has inferred this right.

Citing the 1927 US court decision on the case of Ex-Parte Strum, Santiago said that “the liberty of the press does not confer on an individual the privilege of taking advantage of the incarceration of a person accused of a crime to photograph his or her face and figure against his or her will.”

The photos published by a local newspaper were allegedly taken Saturday at the St. Luke’s Medical Center in Taguig City a day after the former president was charged and arrested for conspiring to rig the 2007 senatorial election.

The mug shots also appeared on the www.mugshots.com website and were quickly shared around social media sites such as Facebook.

Court officials and local police who were meant to be in charge of the photos denied yesterday that they have leaked them.

Santiago also cited another case which stated that public trial does not entitle the press or the public to take advantage of the accuser’s involuntary exposure at the bar of justice to picture his or her plight in the toils of the law.

Sen. Panfilo Lacson said that the mugshot is a public document and as such, it would be up to the court to determine if it should be released or not.

Court claims mugshots were altered

Pasay City Regional Trial Court (RTC) officials confirmed yesterday that the mugshots of Arroyo that circulated in the Internet are similar to the original photographs submitted by investigators to the court but the photos have been altered.

Lawyer Joel Pelicano, RTC branch 112 clerk of court, told The STAR that upon comparison the photos that are now kept at the court’s vault are similar to the published photos minus the vital data of the original copies.

“It’s the same photo without the details at the bottom,” Pelicano said.

He declined to give details on the altered portion of the photos, but court sources said that the photos were not the standard form that the police use when taking mugshots of a suspect.

The regular procedure is to place a cardboard at the chest of the subject where the name, criminal case, and the date when the shots were taken are printed.

Pelicano also said that the order of the court not to release the photos stays but if the defense would file a motion for contempt the court will act accordingly.

If there will also be requests from third parties to have copies of the photos then both the defense and prosecution would be asked to comment before the court finally decides on whether to release the mugshots or not.

Jose Flaminiano, lead counsel of Arroyo, said that although they are saddened by the publication of the mugshots they are not inclined to take any legal action.

“Whoever are responsible for the publication of the mugshots has attained their objective which is to humiliate the former president, that’s the only objective, public humiliation,” he said.

Flaminiano said that he has no idea if the actual photo session really took place because the initial agreement with the investigators was for the camp of Arroyo to submit the photos instead of the police taking the mugshots.

“We respect the freedom of the press and we do not intend to take any legal action,” Flaminiano said.

Ferdinand Topacio, another lawyer of Arroyo, expressed outrage over the mugshots that were leaked to the media.

“The former president does not deserve this and neither should an ordinary person be subjected to this because everyone is entitled to a presumption of innocence,” Topacio said on GMA television.

Interior and Local Government Secretary Jesse Robredo and Philippine National Police (PNP) chief Director General Nicanor Bartolome issued statements pointing out that the mugshots published were not the authentic mugshots of Arroyo that were taken during the mandatory booking procedure last Saturday.

“Former president Arroyo’s mugshots taken from her hospital bed at the St. Luke’s Hospital in Taguig, which have been circulated in the Internet, is different from what the PNP CIDG (Criminal and Investigation and Detection Group) had taken,” Robredo added.

He said the official mugshots of the formerPresident, a copy of which was submitted to him, bears all the case details on the “information booking plate.”

“The information booking plate of the original mugshot photo of the former president contains her name: Gloria Arroyo Y Macapagal and CC Nr. R-PSY-11-04432,” he said.

Arroyo and two other former government officials were charged with violation of the electoral sabotage before the Pasay City RTC.

Based on what has appeared in the Internet, Robredo said it appeared that the booking numbers below the published photos were “photo-shopped” and are different from those submitted to him.

The Pasay City RTC has stated that Arroyo’s mugshots will not be released unless both the prosecution and defense panels agree. The mugshots are deemed property of the police and are not public property.

When the former president’s mugshot photos were taken, there were only seven persons present that included former first gentleman Jose Miguel, her son Albay Rep. Dato, a former Cabinet secretary and three personnel from the PNP-CIDG.

Bartolome warned that any policemen who would leak the mugshots of the former president would face administrative charges for insubordination.

While Robredo and Bartolome were denying the authenticity of the mugshot photos, acting Southern Police District Director Senior Superintendent James Bucayu was saying otherwise in media interviews.

Robredo said Bucayu would not know the original mugshots because he was not around when the booking photos were taken at the hospital bed of the former president.

Bartolome summoned Bucayu to Camp Crame in Quezon City yesterday for a “dressing down” for his pronouncement contradicting the statement of his superiors.

He noted that Bucayu claimed he only mentioned that the photos appeared to be similar.

“I have specifically instructed the team to ensure that only one voice will be giving statements and in this particular case,” Bartolome added.

The PNP chief said Senior Superintendent Joel Coronel, chief of the CIDG in Mero Manila, had been designated as the official spokesman of the PNP team for the Arroyo case and his assistant is Senior Superintendent Dionardo Carlos.

Meanwhile, in a forum organized by the Philippine Information Agency, PNP spokesman Senior Superintendent Agrimero Cruz Jr. said the published mugshots were not the actual photos taken by the CIDG.

National Capital Region Police Office (NCRPO) chief Director Alan Purisima refused to be dragged into the controversy over the leaked mugshots.

Purisima said he would not order an investigation as to how the mugshots were leaked to the media.

“You know the media are enterprising people. Whether the mugshots were authentic or not is not our concern anymore,” said Purisima, noting that it is now up to the court to go after those who leaked Arroyo’s mugshots.

Meanwhile, Malacañang yesterday distanced itself from insinuations that it was the source of the leaked mugshots.

“No, not from us,” deputy presidential spokesperson Abigail Valte told Palace reporters in a news briefing, adding that the photos were under the custody of the CIDG.

There have been strict orders from Malacañang, according to her, not to release the pictures, especially since the charges have already been filed in court, and that only the Pasay City court can authorize the release of such. – With Cecille Suerte Felipe, Perseus Echeminada, Non Alquitran, Sheila Crisostomo, Delon Porcalla