SY 2011-2012, Second Semester
- Whether the publication of Supreme court decisions in their website or in the internet is an infringement of the right to privacy?
In Tanada VS Tuvera, the court reiterated Art 2 of the Civil code, providing that “laws shall take effect 15 days following the completion of their publication in Official Gazette.” However then President Cory Aquino through EO 200 amended Art 2 providing that “laws shall take effect after 15 days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines”, so publication in a newspaper of general publication became an alternative to the Official Gazette. Now President Noynoy Aquino through EO 4 launched the online Official Gazette at the government website or http://www.gov.ph.
The question now is whether the provisions of the Civil Code are applicable to the on line version of the Official.
I think that the 15 day period contemplated in Art 2 of the Civil code is satisfied with the on line version of the Official Gazette by counting from the time the laws or issuances are posted on line. However until and unless an amendatory law shall be passed it can never be considered official. Moreover Manolo Quezon, of the Presidential Communications Group said that the print version of the Official Gazette still takes precedence over its electronic counterpart, which is what the law and jurisprudence required.
Whether the publication of Supreme court decisions in their website or in the internet is an infringement of the right to privacy?
NO, because the decisions of the Supreme Court are official acts of the judiciary and it does not amount to an unwarranted exploitation of one’s person or intrusion into a person’s activities.
The essence of privacy it the right to be alone and in context the right to privacy means the right to be free from the intrusion into one’s private activities in such a way as to cause humiliation to a person’s ordinary sensibilities. The Supreme court decisions does not fall under the circumstances mentioned that is why the publication in the internet is not an infringement of the right to privacy.