SY 2011-2012, Second Semester
- Question: Does posting the law online (OG) satisfy the requirement indicated in Article 2 of the NCC?
- Question: If the name of the losing party in a case is available in SC’s website and such is prejudicial to his reputation, can he remove his name based on the right to privacy?
- Laptop Search
Art. 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. (NCC)
Answer: Yes. Publishing the law online still satisfy the requirements under Article 2 of NCC. There is no specific instruction as to the manner of publication as long as it is published.
Section 3. 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.
Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
Answer: Yes. The right to privacy of the person whose name is indicated in the case, who believes that such is prejudicial to his reputation should be allowed to remove his name.
The said case will not lose its substance if his name is removed from it and it will serve a dual purpose as it will allow him to protect his privacy.
Q: Is it okay to check the data in your laptop in an airport search?
A: No. It is correct that we do have the right to privacy under the Constitution. However, such right can be overturned by the need to keep the public safe. Unless the checking of the laptop will hinder a life or death situation and if there are no other means as to address it then it will be acceptable to check the data inside a laptop.