Week 15 Case 36 G.R. No. 247348 Flashcards
Violation committed was MALA IN SE.
Criminal intent must be proven by proof beyond reasonable doubt.
What is the right to privacy?
The right to privacy is defined as “the right to be free from
unwarranted exploitation of one’s person or from intrusion into one’s private activities in such a way as to cause humiliation to a person’s ordinary sensibilities.” It is the right of an individual “to be free from unwarranted publicity, or to live without unwarranted interference by the public in matters in which the public is not necessarily concerned.” Simply put, the right to privacy is “the right to be let alone.”
What are the three (3) types of privacy? Discuss each.
The three (3) types of privacy are:
1) locational or situational privacy;
2) informational privacy; and
3) decisional privacy.
Locational privacy, also known as situational privacy, pertains to privacy that is felt in a physical
space. It may be violated through an act of trespass or
through an unlawful search.
Informational privacy refers to one’s right to control “the processing — i.e., acquisition, disclosure and use — of personal information.”
Decisional privacy, regarded as the most controversial among the three, refers to one’s right “to make certain kinds of fundamental choices with respect to their personal and reproductive autonomy.”
What are the aspects of the right to informational privacy?
Privacy scholars explain that the right to informational privacy,
to a certain extent, requires “limitation on inspection, observation, and knowledge by others.”
Thus, it has the following aspects:
(1) to keep inalienable information to themselves;
(2) to prevent first
disclosure; and
(3) to prevent further dissemination in case the
information has already been disclosed.
What is the Constitutional citation to the right to privacy?
Under the 1987 Constitution, the right to privacy is expressly
recognized under Article III, Sec. 3 thereof, which reads:
SECTION 3. (1) The privacy of communication and
correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding
section shall be inadmissible for any purpose in any proceeding.
How is the Constitutional right to privacy differentiated from privacy between individuals?
While the above provision highlights the importance of the right to privacy and its consequent effect on the rules on admissibility of evidence,
one must not lose sight of the fact that the Bill of Rights was intended to protect private individuals against government intrusions. Hence, its provisions are not applicable between and amongst private individuals.
A common misconception is that all mala in se crimes are
found in the Revised Penal Code (RPC), while all mala prohibita crimes are provided by special penal laws.
In reality, however, there may be mala in se crimes under special laws, such as plunder under
R.A. No. 7080, as amended.
Similarly, there may be mala prohibita crimes defined in the
RPC, such as technical malversation.
What is the better approach to distinguish between mala in se and mala prohibita?
The better approach to distinguish between mala in se and mala prohibita crimes is the determination of the inherent immorality or vileness of the penalized act.
If the punishable act or omission
is immoral in itself, then it is a crime mala in se; on the
contrary, if it is not immoral in itself, but there is a statute
prohibiting its commission by reasons of public policy, then it
is mala prohibita. In the final analysis, whether or not a crime
involves moral turpitude is ultimately a question of fact and
frequently depends on all the circumstances surrounding the
violation of the statute.
