“Political, social, and economic changes entail the recognition of new rights, and the common law, in its eternal youth, grows to meet the demands of society.”
—Samuel Warren and Louis Brandeis
“Of all the rights of the citizen, few are of greater importance or more essential to his peace and happiness than… exemption of his private affairs,books, and papers from the inspection and scrutiny of others. Without the enjoyment of this right, all other rights would lose half of their value.”
—Justice Stephen Johnson Field
“If you have nothing to hide, you have nothing to fear.”
—DILG Secretary Angelo Reyes
Justice Vicente V. Mendoza enjoys repeating that “law has two elements:logic and rhetoric. … [L]ogic forms the bedrock of our jurisprudence, but it isrhetoric that makes Constitutional Law so potent and so seductive. That is, hecautioned, one must read cases with great care, lest one be ensorcelled by therhetoric and miss the actual logic.”
No Philippine law student hurdles freshman year without reading landmark privacy decisions and some of the most passionate prose in our jurisprudence, ashort but eloquent line of cases from
Morfe v. Mutuc
Ople v. Torres
that clothe thisupstart right with its ancient peers’ majesty. However, despite tracing its pedigreethrough judicial deities from Justice and Dean Irene Cortes toChief Justice ReynatoPuno, the Philippine right to privacy taken as a whole is marred by inconsistencies,
The Right to Privacy
In Re Pacific Ry. Comm’n, 32 F. 241, 250 (Cir.Ct. N.D.Cal. 1887),
Privacy Rights v. Anti-Money Laundering Enforcement
, 6 N.C.B
.147, 149 (2002). JusticeField was appointed to the United States Supreme Court in 1863 by President Abraham Lincoln, where he served for thirty-four years and six months, the longest in that Court’s history.
Sec. of Dep’t of Interior and Local Gov’t Angelo Reyes,
Gil Cabacungan, Jr. &Christine Avendano,
Palace sees no stumbling block to nat’l ID system
, Feb. 19,2005, at A21.
Oscar Franklin Tan, Foreword,
Sisyphus’ Lament, Part IV: Style and the Seduction of the Supreme Court
, 79 P
.L.J.876, 876 (2004).
G.R. No. 20387, 22 SCRA 424, Jan. 31, 1968.
G.R. No. 127685, 293 SCRA 141, Jul. 23, 1998.