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