I.

INTRODUCTION

This Chapter, as an introductory part of the study, presents the Background of the Study,

Statement of the Problem, Definition of Terms, Objectives, Significance, Scope and Limitations

of the Study, Research Methodology, and Organization and Content of the Study.

A. BACKGROUND OF THE STUDY

History of Variable Unit Linked Investments (VUL)

Insurance in the Philippines

Regulation and Control of VUL’s

Investment Contract as a security under the Securities Regulation Code and Various

Jurisprudence

B. THESIS STATEMENT

Variable Unit linked policies are insurance policies that combines an insurance and

investment component in one product. On its investment component, the policyholder

chooses the fund where a portion of his premium will be allocated. The said funds are

invested in different securities such as bonds, stocks and other investments by a fund

manager of the company. The Philippine courts uses the Howey and the turner test in

determining whether a transaction is an Investment Contract. The howey test has the

following requisites: 1. a contract, transaction, or scheme; 2. an investment of money; 3.

 investment is made in a common enterprise; 4. expectation of profits; and 5. profits

arising primarily from the efforts of others. According to the Securities and Regulations

Code, an investment contract is a security that needs to be registered and regulated by

the SEC. However, Section 238 (b) of the Insurance code states that variable contracts

shall not be deemed as a security and need not be registered nor be regulated by the

SEC. The Philippines Constitution afford public protection to its citizen. A VUL policy

does not guarantee income and also has risk that the insurer’s money may go down in

value. The said investment component goes against the purpose of insurance in

protecting the insurer against fortuitous losses. Thus, this thesis aims to draw out the

legalities/illegalities of the said insurance law, it’s regulation and establish whether or

not the said law circumvents the stricter regulation by the SEC in affording protection to

the public.

C. STATEMENT OF THE PROBLEM

The Philippines does not have a law, regulation nor guidelines that protects the basic

rights online afforded universally to a person by international treaties and conventions signed

and ratified by it. Such as the extent of:

(a) The right to privacy online cite

(b) The right to freedom of expression and information cite

(c) The right of everyone to attain the highest standard of Physical and Mental health. cite

Other countries globally have different laws regarding privacy rights of their citizens. In

an article, online by the telegraph.co.uk, An Austrian teenager is suing her parents in order to

remove embarrassing childhood pictures of her posted by her parents and that the said act
 constitute a violation of her privacy.1 While, in another article by The Telegraph online, French

parents could face imprisonment and penalties if they are convicted of publishing intimate

details of the private lives of another person. Said person include their own children if done

without consent.2

Given the foregoing considerations, this study will discuss the following issues:

1. Whether or not a person’s right to privacy is violated if another person screenshots

and publishes:

a) A private chat message online without his consent.

b) A private group chat without the consent of some or all the participants

2. Whether or not a person’s right to privacy is violated if another person takes a photo

or video of him/her and publishes it online:

a.) With his/her knowledge but without his/her approval or consent of the said post

b.) Without his/her knowledge, approval and consent

c.) Subsequently knows but asks the publisher/poster to take down the said post

3. Whether or not there is a violation of the right everyone to the attain the highest

standard of Physical and Mental health and privacy if the said Photos or Videos

would result in:

a.) Cyberbullying/Public shaming

b.) Unintentional Fame

1
Justin Huggler, Austrian teenager sues parents for ‘violating privacy’ with childhood Facebook pictures, THE
TELEGRAPH, Sept. 14, 2016, available at http://www.telegraph.co.uk/news/2016/09/14/austrian-teenager-sues-
parents-for-violating-privacy-with-childh/ (last accessed Jan. 5, 2017).
2
David Chazan, French parents ‘could be jailed’ for posting children’s photos online, THE TELEGRAPH, Mar. 01, 2016,
available at http://www.telegraph.co.uk/news/worldnews/europe/france/12179584/French-parents-could-be-
jailed-for-posting-childrens-photos-online.html (last accessed Jan. 5, 2017).
 c.) Picture resulting to Meme

4. Whether or not there should be a law or regulation enacted the rights to protect the

rights of persons online?

5. Whether or not those who shares, retweet the said post would be liable for conspiracy

in aggravating the extent of exposure of the said post?

D. OBJECTIVES OF THE STUDY

1. General Objective

This study generally aims to harmonize and reconcile the extent and limits to the rights of

a person to privacy, information, expression and attainment of the highest standards of health in

the Social Media.

2. Specific Objectives

Specifically, this study seeks to:

a.) Determine the intent, extent and limit of the right to privacy as afforded by the

UNUDHR in the online community;

b.) Determine the intent, extent and limit of the right to information and free expression

afforded by the UCCPR in the online community;

c.) Determine the intent, extent and limit of the right to attainment of the highest

standard of Physical and Mental health afforded by the ICESCR;

d.) Harmonize and reconcile the intent, extent and limits of the said rights;

e.) Determine the intent of laws and jurisprudence issued internationally;

f.) Determine and harmonize the said laws with the Philippine Constitution.

g.) Propose a law necessary for the protection of the basic human rights and regulate the

online community to the extent allowable by the Philippine Constitution.

E. DEFINITION OF TERMS

The following terms, as used in this study, shall have the following connotations:

1. Cyberbullying – “acts of cruelty committed using the internet that strips one’s dignity or

causes reasonable fear, physical or emotional harm”3

2. Meme - An image, video, piece of text, etc., typically humorous in nature, that is copied and

spread rapidly by Internet users, often with slight variations. 4

3. Public Shaming– The act of posting photos and videos online in order to publicly

humiliate a person online.

4. Unintentional fame - when a picture or video, often incriminating becomes viral and the

person becomes an overnight web celebrity with fame thrust open them.5

F. RESEARCH METHODOLOGY

This study involves a doctrinal method in evaluating and analyzing laws, jurisprudence,

treaties, conventions and concepts relevant to the rights of a person in the online community.

This study would also involve an empirical method as the author has experienced

firsthand violations on his right to privacy, cyberbullying, public shaming and unintentional

fame.

This study involves both quantitative (Surveys) and a qualitative analysis of the laws,

conventions, jurisprudence and concepts relevant to the subject matter.

This study would also use both Primary and Secondary method in collecting data as the

author use surveys, interview and observations and would synthesize existing data along with the

new data and information collected.

3
Chazan, supra note 22.
4
Oxford dictionaries, definition of meme in English, Available at
https://en.oxforddictionaries.com/definition/meme (last accessed Jan. 5, 2017)
5
Ewalt, supra note 18
 This study would use the deductive approach

a) Universal rights violated in social media

b) Apply to specific cases and laws

c) Conclusion

G. SIGNIFICANCE OF THE STUDY

This study primarily seeks to benefit people whose basic right has been violated online.

People such as those who have suffered mentally, emotionally and sometimes physically from

unwanted acts done in the online world. People who have been victims of Cyberbullying, Public

Shaming, Unintentional fame. whether the victim is a child or an adult. People who did not have

a law to protect them from vicious online netizens that preyed upon the victims, whether done

with malice or purely for enjoyment.

The study would also reconcile and harmonize different laws enacted by other countries

and seeks to reconcile them with our own legal system in order to provide the best possible law

that would protect the basic rights of Filipinos in accordance with our constitution.

The study would also serve as reference to help students and in their research.

H. SCOPE AND LIMITATIONS OF THE STUDY

This study centers its discussion on the basic human rights that are commonly violated in

the online world and is protected by International conventions and treaties on International

human rights which the Philippines has signed and ratified. Discussions regarding laws and

jurisprudence which include both locally and internationally will also be discussed in order to

reconcile them with the said conventions and treaties. This study would limit its application to

human rights violations committed by a private person to another private individual in the online
community. Thus, Governmental violations in social media platforms and/or violations of the

rights of a person deemed to be public figure would not be discussed or would only be discussed

in passing.

I. ORGANIZATION AND CONTENT

Chapter I is the introductory part of the study. It gives the overview of the study such as

the thesis statement, its scope and limitations. Chapter II introduces the principles of laws in

which this study is anchored from. Such as the binding force of treaties and conventions that the

Philippines has signed and ratified. Chapter III will discuss the extent and limit of the said rights

in the online community. Chapter IV is devoted to the discussion on the different laws enacted

by countries and study the intent in its enactment. Chapter V focuses on Jurisprudential

decisions by foreign courts and its applicability with our laws. Chapter VI presents online human

rights violations done in Social Media. Chapter VII present evidences on the need to

regulate/enact a law that protects the human rights of a person. Chapter VIII synthesizes all the

previous chapters.