Miyerkules, Pebrero 29, 2012

wishes and wants....

Every person has the right to do and demand everything he or she pleases but there should be limitations. One can ask for publicity but one can also ask for his or her privacy. The question is can they always be given what they want whenever they want it. Limitations are very important for everything to function well equally. So here goes my next pondering topic.


Main Issue: Can a losing party, petition to the Court for the removal of their name upon publication of the case in the Supreme Court Reports Annotated and in the internet when it has been final and executory on the ground that it will prejudice their constitutional right to privacy?
            NO. As a rule, no party can petition to move for the removal of their names in the case they are included when it will be published in the SCRA or internet for the simple reason that they lose and even invoking their constitutional right to privacy, as this is considered as public document and every individual has the right to access the same. Once the parties chose to find relief in the Court, the latter has acquired their persons jurisdiction and it is in the Court’s discretion as well if they think it be proper for the exclusion of the parties’ names. But there are instances that are mandated by the law that allows the confidentiality of the real identities of the parties for their protection.
            For better understanding of the issue, let us go back in history… the publication of the opinions and decisions of the Supreme Court is first made to law in the Republic Act 296 or Judiciary Act of 1948 specifically, sections 21 – 22 that stated the process of the recording the decisions of the Justices by the Clerk of Court in the opinion book and its preparation for its publication in the Official Gazette for the public to have access to the same.

Section 21. Form of decisions — When opinion to be reported. — When a decision is rendered by the Supreme Court, a written opinion or memorandum exemplifying the ground and scope of the judgment of the court shall be filed with the Clerk of the Court and shall be by him recorded in an opinion book. When the Court shall deem a decision to be of sufficient importance to require publication, the Clerk shall furnish a certified copy thereof to the Reporter. Dissenting opinions shall be published when the justices writing such opinions shall so direct.
Section 22. Preparation of opinions for publication. — The Reporter shall prepare and publish with each reported decision a concise synopsis of the facts necessary to a clear understanding of the case and shall state the names of counsel, and concisely the material and controverted points made, and the authority therein cited by them, and shall prefix to each case a syllabus, which shall be confined, as near as may be, to points of law decided by the Court on the facts of the case, without a recital therein of the facts.

Also in the Rules of Court specifically Section 55:

RULE 55
PUBLICATION OF JUDGMENTS AND FINAL RESOLUTION
Section 1. Publication.
The judgments and final resolutions of the court shall be published in the Official Gazette and in the Reports officially authorized by the court in the language in which they have been originally written, together with the syllabi therefor prepared by the reporter in consultation with the writers thereof. Memoranda of all other judgments and final resolutions not so published shall be made by the reporter and published in the Official Gazette and the authorized reports.


In the Republic Act no 1125 as amended by Republic Act 9282 which created the Court of Tax Appeals, in section 15, it stated that all the documents and evidence submitted in the Court are considered public documents and the public has the right to access and inspect the same. Also, it is in the discretion of the same Court to decide if any of its contents may be withdrawn.
Section 15. Publicity of proceedings and publication of decisions. - All decisions of, and all evidence received by the Court and its divisions, including transcript of stenographic reports of the hearings, shall be public records open to the inspection of the public, except that after the decision of the Court in any proceedings has become final the Court may, upon motion of the taxpayer or the Government permit the withdrawal, by the part entitled thereto of originals of books, documents and records, and or models, diagrams, and other exhibits, introduced in evidence before the Court or any division; or the Court may, on its own motion, make such other disposition thereof as it deems advisable. The Court shall provide for the publication of its decisions in the Official Gazette in such form and manner as may be best adopted for public information and use.
There are no clear laws with regards to the constitutional right to privacy in the 1987 Constitution, but it is understood to be imbedded in the whole Constitution through the spirit of such right, a specific mention of it is under Section 3 in the Bill of Rights:

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
It can be understood that the constitutional right to privacy cannot just be invoked any time the parties would capriciously like to exclude their names when they lose in a case. There are also be consideration before such demands can be met by the Court like if it is under the instances that the Court really allows the confidentiality of the parties as what would be shown in the following laws:
When the victims are women and children, it is mandated in the Constitution that they should be protected at all times.

Republic Act no. 9262 Section 44:

SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their children including those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in any format, the name, address, telephone number, school, business address, employer, or other identifying information of a victim or an immediate family member, without the latter's consent, shall be liable to the contempt power of the court.
Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more than Five Hundred Thousand pesos (P500,000.00).
Republic Act 7610 Section 29:

Section 29. Confidentiality. – At the instance of the offended party, his name may be withheld from the public until the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio broadcasting, producer and director of the film in case of the movie industry, to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral degradation and suffering of the offended party.


Republic Act no. 8505 Sections 5-6 for rape victims:

Section 5. Protective Measures. - At any stage of the investigation, prosecution and trial of a complaint for rape, the police officer, the prosecutor, the court and its officers, as well as the parties to the complaint shall recognize the right to privacy of the offended party and the accused. Towards this end, the police officer, prosecutor, or the court to whom the complaint has been referred may, whenever necessary to ensure fair and impartial proceedings, and after considering all circumstances for the best interest of the parties, order a closed-door investigation, prosecution or trial and that the name and personal circumstances of the offended party and/or the accused, or any other information tending to establish their identities, and such circumstances or information on the complaint shall not be disclosed to the public.
The investigating officer or prosecutor shall inform the parties that the proceedings can be conducted in a language or dialect known or familiar to them.
Section 6. Rape Shield. - In prosecutions for rape, evidence of complainant's past sexual conduct, opinion thereof or of his/her reputation shall not be admitted unless, and only to the extent that the court finds, that such evidence is material and relevant to the case.


And also, Republic Act no. 8369 Section 12:

AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM EXCLUSIVE ORIGINAL JURISDICTION OVER CHILD AND FAMILY  CASES, AMENDING BATAS PAMBANSA BILANG 129,AS AMENDED,  OTHERWISE KNOWN AS ACT OF 1980, APPROPRIATING FUNDS   THEREFOR AND FOR OTHER PURPOSES:

Sec. 12. Privacy and Confidentiality of Proceedings. - All hearings and conciliation of the child and family cases shall be treated in a manner consistent with the  promotion of the child's and the family's dignity and worth, and shall respect their privacy at all stages of the proceedings. Records of the cases shall be dealt with utmost confidentiality and the identity of parties shall not be divulged   unless necessary and with authority of the judge.

In the cited laws, though it does not clearly state that their identities can be forego upon the publication of the case for the public, it is still the unspoken practice of the Supreme Court. If the highest court of the land think that it will be proper and safe for the victims that their identities be hidden to the public then the Court will do so. The safety and protection of the victims are the number one concern of the Court. Under such circumstances should the Court may withdraw the publication of the names of the parties be it the winning or losing one. But to petition just because such party has lose and just to save face, I think it is very whimsical and improper and the Supreme Court will not allow the same. So see you in my next ponder moment…