Professional Documents
Culture Documents
Rights To Privacy
Rights To Privacy
Rights To Privacy
CA
The intimacies between husband and wife do not justify any one of them in
breaking the drawers and cabinets of the other and in ransacking them for any
telltale evidence of marital infidelity. A person, by contracting marriage, does not
shed his/her integrity or his right to privacy as an individual and the constitutional
protection is ever available to him or to her.
The law insures absolute freedom of communication between the spouses by
making it privileged. Neither husband nor wife may testify for or against the other
without the consent of the affected spouse while the marriage subsists.6 Neither
may be examined without the consent of the other as to any communication
received in confidence by one from the other during the marriage, save for specified
exceptions.7 But one thing is freedom of communication; quite another is a
compulsion for each one to share what one knows with the other. And this has
nothing to do with the duty of fidelity that each owes to the other.
SABIO vs. GORDON (G.R. No. 174340, October 17, 2006, 504 SCRA 704)
This goes to show that the right to privacy is not absolute where there is an
overriding compelling state interest. In Morfe v. Mutuc,51 the Court, in line with
Whalen v. Roe,52 employed the rational basis relationship test when it held that
there was no infringement of the individual's right to privacy as the requirement to
disclosure information is for a valid purpose, i.e., to curtail and minimize the
opportunities for official corruption, maintain a standard of honesty in public
service, and promote morality in public administration.53 In Valmonte v.
Belmonte,54 the Court remarked that as public figures, the Members of the former
Batasang Pambansa enjoy a more limited right to privacy as compared to ordinary
individuals, and their actions are subject to closer scrutiny. Taking this into
consideration, the Court ruled that the right of the people to access information on
matters of public concern prevails over the right to privacy of financial transactions.
According to the OSG, the fact that the aggrieved child may have consented,
through a parent or guardian, to a public hearing of the case does not negate the
expectation of privacy which the child may later invoke because child victims
cannot be presumed to have intended their initial agreement to extend beyond the
termination of their case to the posting of the decision reached by the Court on the
Web Page. Moreover, such an expectation of privacy is reasonable considering the
various statutes and rules which reveal the intention of the State to maintain the
confidentiality of information pertaining to child abuse cases.