You are on page 1of 1

Sec. 3, Art.

3 - RIGHT TO PRIVACY OF  An order was issued to place the petitioners under


COMMUNICATION AND CORRESPONDENCE. arrest for contempt of the Senate. Chairman Sabio
was arrested and and brought him to the Senate
IN RE: CAMILO SABIO,G.R. No. 174340, October 17, premises where he was detained. Chairman Sabio
2006 filed with this Court a petition for habeas corpus,
certiorari, and prohibition against the respondents.
FACTS:
ISSUES:
 EO no. 1 created the Presidential Commission on
Good Government (PCGG). It is tasked to recover the Whether or not petitioner's constitutional right to
ill-gotten wealth accumulated by the Marcoses. privacy was violated by the respondents Senate
Section 4 (b) of E.O. No. 1 provides that: "No member Committees' inquiry.
or staff of the Commission shall be required to
testify or produce evidence in any judicial, RULING: No.
legislative or administrative proceeding
DOCTRINE:
concerning matters within its official cognizance."
This is to ensure PCGG's unhampered performance Zones of privacy are recognized and protected
of its task. in our laws. Within these zones, any form of intrusion is
 Senator Miriam Defensor Santiago introduced impermissible unless excused by law and in accordance
Philippine Senate Resolution No. 455 which directed with customary legal process. The meticulous regard we
an inquiry in aid of legislation on the anomalous losses accord to these zones arises not only from our conviction
incurred by the Philippines Overseas that the right to privacy is a "constitutional right" and
Telecommunications Corporation (POTC), Philippine "the right most valued by civilized men," but also from
Communications Satellite Corporation our adherence to the Universal Declaration of Human
(PHILCOMSAT), and PHILCOMSAT Holdings Rights which mandates that, "no one shall be subjected
Corporation (PHC) due to the alleged improprieties in to arbitrary interference with his privacy" and "everyone
their operations by their respective Board of Directors. has the right to the protection of the law against such
 Senate Res. No. 455 was submitted to the Senate and interference or attacks."
referred to the Committee on Accountability of Public
Officers and Investigations and Committee on Public In evaluating a claim for violation of the right to
Services. However, it was later transferred to privacy, a court must determine whether a person has
the Committee on Government Corporations and exhibited a reasonable expectation of privacy and, if so,
Public Enterprises. whether that expectation has been violated by
 Chairman Camilo L. Sabio of the PCGG was to be one unreasonable government intrusion. This goes to show
of the resource persons in the public meeting jointly to that the right to privacy is not absolute where there is an
deliberate on Senate Res. No. 455 but he declined the overriding compelling state interest.
invitation because of prior commitment, invoking HELD:
Section 4(b) of E.O. No. 1.
 Senator Gordon issued a Subpoena Ad Under the present circumstances, the alleged
Testificandum, requiring petitioners to appear in the anomalies in the PHILCOMSAT, PHC and POTC,
public hearing scheduled on August 23, 2006 and ranging in millions of pesos, and the conspiratorial
testify on what they know relative to the matters participation of the PCGG and its officials are compelling
specified in Senate Res. No. 455. However, Chairman reasons for the Senate to exact vital information from the
Sabio refused to appear. He reiterated his earlier directors and officers of Philcomsat Holdings
position, invoking Section 4(b) of E.O. No. 1. Another Corporations, as well as from Chairman Sabio and his
notice was sent to Chairman Sabio but still did not Commissioners to aid it in crafting the necessary
comply with the notice. legislation to prevent corruption and formulate remedial
 The Petitioners then submitted to the Senate their measures and policy determination regarding PCGG's
Compliance and Explanation where they contended efficacy. There being no reasonable expectation of
that Section 4(b) of E.O. No. 1 constitutes a limitation privacy on the part of those directors and officers over
on the power of legislative inquiry, and a recognition the subject covered by Senate Res. No. 455, it follows
by the State of the need to provide protection to the that their right to privacy has not been violated by
PCGG in order to ensure the unhampered respondent Senate Committees.
performance of its duties under its charter. Since it is
a law it has to be amended or repealed.