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People vs Cabalquinto Issue


Whether or not the identity of the aggrieved


Facts
 party should not be disclosed in line with the
ABC testified that she is the common-law
wife of Cabalquinto and that they have four right to privacy for rape cases
children, namely: BBB, CCC, the child-
Ruling
victim AAA, and DDD. At around 8:45 p.m.
of November 13, 1998, she was on her way YES. The position of the OSG in its
home. Since there is a half-inch gap between Comment is noteworthy. The OSG submits
the door and the wall, she peeped through the that the posting of the full text of decisions in
gap and saw Cabalquinto lying face down cases involving child abuse on the Supreme
making pumping motions on their daughter, Court Web Page violates the right to privacy
AAA, who was lying underneath him with of the aggrieved parties. In order to determine
her panties pulled down. When she heard whether the subject matter upon which the
Cabalquinto tell AAA to open her legs (ibuka right to privacy being invoked falls within the
mo), she kicked and pounded the door. constitutionally-protected zone of privacy, it
Cabalquinto immediately lay down. AAA must be shown that the person’s expectation
then stood up and opened the door. ABC of privacy is reasonable.
entered the room and confronted Cabalquinto
who only denied her accusation. ABC further The reasonableness of such expectancy
testified that during the police investigation depends on a two part test:
on November 14, 1998, AAA revealed to the
(1) whether by his conduct, the individual has
police that a similar incident happened to her
exhibited an expectation of privacy; and
on November 8, 1998, the day of her friend’s
birthday celebration. RTC found the accused (2) whether this expectation is one that
guilty of the crime of rape. society recognizes as reasonable.

The mother submitted that confidentiality and Sec. 29 of RA 7610 provides:


the best interest of the child must prevail over
public access to information and pleaded that Sec. 29. Confidentiality.at the instance of the
her daughters case, as well as those of a offended party, his name may be withheld
similar nature, be excluded from the Web from the public until the court acquires
Page. 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 the case
of television and radio broadcasting, producer concern and subject to such limitations as
and director in the case of the movie industry, may be provided by law.
to cause undue and sensationalized publicity
The Court, nonetheless, conceded that the
of any case of a violation of this Act which CPA Board Exams are matters of public
results in the moral degradation and suffering concern. The examinees in particular, would
of the offended party. understandably be interested in the fair and
competent administration of these exams in
Antolin v Domondon order to ensure that only those qualified are
admitted into the accounting profession.
Facts
Hazel Antolin, the petitioner, took the 1997 On the issue of mootness, the Court held that
CPA Board Exams but failed, receiving the petitioner’s belated passing of the Board
failing grades from four out of seven subjects. Exams does not automatically mean that her
interest in the examination papers has become
Convinced that she deserved to pass, she
wrote to respondent Abelardo Domondon, mere superfluity.
Acting Chairman of the Board of
Accountancy, and requested that her answer Grisworld v Connecticut
sheets be re-corrected.
Facts
Her answer sheets were shown but these
In 1879, Connecticut passed a law that
consisted merely of shaded marks. She banned the use of any drug, medical device,
requested for copies of the questionnaire, or other instrument in furthering
their respective answer keys, and an contraception.
explanation of the grading system used in
each subject. Respondent denied the request. A gynecologist at the Yale School of
Medicine, C. Lee Buxton, opened a birth
Issue control clinic in New Haven in conjunction
Whether or not Antolin has a right to obtain with Estelle Griswold, who was the head of
copies of the examination papers. Planned Parenthood in Connecticut.

Ruling They were arrested and convicted of violating



 the law, and their convictions were affirmed
YES. The Court rules in favor of the by higher state courts. Their plan was to use
petitioner. Section 28, Article 2 of the the clinic to challenge the constitutionality of
Constitution provides that the State may the statute under the Fourteenth Amendment
before the Supreme Court. 
adopt policies in the disclosure of all its
transactions involving public interest while
Section 7, Article 3 provides the right of the
people to information on matters of public
interest. It is clear that the people’s right to
information is limited to matters of public
Issues membership fee and suspension for failure to
pay the same.
Does the Constitution protect the right of
marital privacy against state restrictions on a It is the contention of Atty. Edillon that the
couple's ability to be counseled in the use of stated provisions constitute a violation of his
contraceptives? constitutional rights in the sense that he is
being compelled as a pre-condition to
maintain his status as a lawyer in good
Ruling
standing, to be a member of the IBP and to
Yes. The Court ruled that the Constitution did pay the corresponding dues, and that as a
in fact protect the right of marital privacy consequence of this compelled financial
against state restrictions on contraception. support of the said organization to which he is
While the Court explained that the admitted personally antagonistic, he is being
Constitution does not explicitly protect a deprived of the rights to liberty and properly
general right to privacy, the various guaranteed to him by the Constitution.
guarantees within the Bill of Rights create
penumbras, or zones, that establish a right to Thus, the respondent concludes that the above
privacy. Together, the First, Third, Fourth, provisions of the Court Rule and of the IBP
and Ninth Amendments create the right to By-Laws are void.
privacy in marital relations. The Connecticut
statute conflicted with the exercise of this Issues
right and was therefore held null and void.
(1) Whether or not the provisions of the Rule
A right to privacy can be inferred from
of Court 139-A and the provisions of par.
several amendments in the Bill of Rights, and
this right prevents states from making the use 2, Section 24, Article III, of the IBP By-
of contraception by married couples illegal.  Laws violates certain constitutional rights
of Atty. Edillon?
In Re Atty. Marcial A. Edillon (2) Can the court compel Atty. Edillion to
pay his membership fee to the IBP? 

Facts
Ruling
The respondent Marcial A. Edillon is a duly
licensed practicing Attorney in the 1. No. All the provisions assailed by Atty.
Philippines. Edillon are constitutional, and the
validity of Bar integration in the
The IBP Board of Governors recommended to
the Court the removal of the name of the Philippines is explicit in unequivocal
respondent from its Roll of Attorneys for grant of precise power to the Supreme
stubborn refusal to pay his membership dues Court by Section 5 (5) of Article X of
assailing the provisions of the Rule of Court the 1973 Constitution of the
139-A and the provisions of par. 2, Section Philippines. As to his contention that
24, Article III, of the IBP By-Laws pertaining his property rights are violated, it must
to the organization of IBP, payment of
be remembered that the practice of law SSS Employees Association v CA
is not a property right, but rather a
privilege. Facts
Issues
Ruling
2. Yes. The Integrated Bar is a State-
organized Bar, which every lawyer
must be a member of as distinguished
from bar associations in which
membership is merely optional and
voluntary. All lawyers are subject to
comply with the rules prescribed for
the governance of the Bar including
payment a reasonable annual fees as
one of the requirements.

The Rules of Court only compels him


to pay his annual dues and it is not in
violation of his constitutional freedom
to associate. Bar integration does not
compel the lawyer to associate with
anyone. He is free to attend or not the
meeting of his Integrated Bar Chapter
or vote or refuse to vote in its election
as he chooses.

The only compulsion to which he is


subjected is the payment of annual
dues. The Supreme Court in order to
further the State’s legitimate interest in
elevating the quality of professional 


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