Wednesday, March 30, 2016

cae digests

SALLY GO-BANGAYAN vs. BENJAMIN BANGAYAN, JR.
G.R. No. 201061, July 3, 2013

Facts:

In 1973, respondent Benjamin Bangayan married Azucena Alegre and had three children. Azucena left for the USA in 1981 while Benjamin developed a romantic relationship with petitioner Sally Go-Bangayan and eventually lived together as husband and wife in 1982.

Since Sally’s father was against the relationship, Sally brought Benjamin to an office in Pasig City where they signed a purported marriage contract in order to appease her father. Sally, knowing Benjamin’s marital status, assured him that the marriage contract would not be registered.

During their cohabitation, they produced two children and acquired several properties. Their relationship ended in 1994 when Sally and the children left for Canada. She then filed criminal actions for bigamy and falsification of public documents against Benjamin, using their simulated marriage contract as evidence. Benjamin, in turn, filed a petition for declaration of a non-existent marriage and/or declaration of nullity of marriage on the ground that his marriage to Sally was bigamous and that it lacked the formal requisites to a valid marriage. Benjamin also asked the trial court for the partition of the properties he acquired with Sally. A total of 44 registered properties became the subject of the partition before the trial court.

Issue: Whether the marriage is null and void ab initio and non-existent.

Ruling:
Yes. Benjamin’s marriage to Azucena in 1973 was duly established before the trial court, evidenced by a certified true copy of their marriage contract. At the time Benjamin and Sally entered into a purported marriage in 1982, the marriage between Benjamin and Azucena was valid and subsisting.

The registration officer of the Local Civil Registrar of Pasig City testified that there was no valid marriage license issued to Benjamin and Sally. She confirmed that the local civil registrar of Pasig City did not issue Marriage License No. N-07568 to Benjamin and Sally. The certification from the local civil registrar is adequate to prove the non-issuance of a marriage license and absent any suspicious circumstance, the certification enjoys probative value, being issued by the officer charged under the law to keep a record of all data relative to the issuance of a marriage license. Clearly, if indeed Benjamin and Sally entered into a marriage contract, the marriage was void from the beginning for lack of a marriage license.

It was also established before the trial court that the purported marriage between Benjamin and Sally was not recorded with the local civil registrar and the National Statistics Office. The lack of record was certified by the Local Civil Registrar, National Commission for Culture and the Arts, and the National Statistics Office. The documentary and testimonial evidence proved that there was no marriage between Benjamin and Sally. As pointed out by the trial court, the marriage between Benjamin and Sally "was made only in jest" and "a simulated marriage, at the instance of Sally, intended to cover her up from expected social humiliation coming from relatives, friends and the society especially from her parents seen as Chinese conservatives." In short, it was a fictitious marriage.

The fact that Benjamin was the informant in the birth certificates of Bernice and Bentley was not a proof of the marriage between Benjamin and Sally.

On whether or not the parties’ marriage is bigamous under the concept of Article 349 of the Revised Penal Code, the marriage is not bigamous. It is required that the first or former marriage shall not be null and void. The marriage of the petitioner to Azucena shall be assumed as the one that is valid, there being no evidence to the contrary and there is no trace of invalidity or irregularity on the face of their marriage contract. However, if the second marriage was void not because of the existence of the first marriage but for other causes such as lack of license, the crime of bigamy was not committed. Concluding, the marriage of the parties is therefore not bigamous because there was no marriage license.

For bigamy to exist, the second or subsequent marriage must have all the essential requisites for validity except for the existence of a prior marriage. In this case, there was really no subsequent marriage. Benjamin and Sally just signed a purported marriage contract without a marriage license. The supposed marriage was not recorded with the local civil registrar and the National Statistics Office. In short, the marriage between Benjamin and Sally did not exist. They lived together and represented themselves as husband and wife without the benefit of marriage.

Since Benjamin and Sally cohabitated without the benefit of marriage, the property relations of Benjamin and Sally is governed by Article 148 of the Family Code which states:

Art. 148. In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.
If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community of conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her share shall be forfeited in the manner provided in the last paragraph of the preceding Article.
The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith.


Thus, only the properties acquired by them through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. Hence, the 37 properties being claimed by Sally which were given by Benjamin’s father to his children as advance inheritance was correctly excluded.

 VIVARES and SUZARA vs.ST. THERESA'S COLLEGE, ET.AL.
G.R. No. 202666               September 29, 2014

Facts:
Julia and Julienne were graduating high school students at St. Theresa's College (STC), Cebu City. Sometime in January 2012, they took digital pictures of themselves clad only in their undergarments. These pictures were then uploaded by Angela on her Facebook profile.
Escudero, a computer teacher at STC, learned from her students that some seniors at STC posted pictures online, dressed only in brassieres. Her students logged in to their respective personal Facebook accounts and showed her photos of the identified students, which include: (a) Julia and Julienne drinking hard liquor and smoking cigarettes inside a bar; and (b) Julia and Julienne along the streets of Cebu wearing articles of clothing that show virtually the entirety of their black brassieres.
Escudero reported the matter and, through one of her student’s Facebook page, showed the photos Tigol, STC’s Discipline-in-Charge, for appropriate action. Thereafter, following an investigation, STC found the identified students to have deported themselves in a manner proscribed by the school’s Student Handbook, to wit:
1. Possession of alcoholic drinks outside the school campus;
2. Engaging in immoral, indecent, obscene or lewd acts;
3. Smoking and drinking alcoholic beverages in public places;
4. Apparel that exposes the underwear;
5. Clothing that advocates unhealthy behaviour; depicts obscenity; contains sexually suggestive messages, language or symbols; and
6. Posing and uploading pictures on the Internet that entail ample body exposure.
After a meeting on March 1, 2012 with the STC officials, Julia, Julienne, Angela, and the other students in the pictures in question, as part of their penalty, were barred from joining the commencement exercises scheduled on March 30, 2012.
A week before graduation, or on March 23, 2012, Angela’s mother filed a Petition for Injunction and Damages before the RTC of Cebu City against STC, et al. praying that defendants therein be enjoined from implementing the sanction that precluded Angela from joining the commencement exercises.
The RTC issued a temporary restraining order (TRO) allowing the students to attend the graduation ceremony, to which STC filed a motion for reconsideration. Despite the issuance of the TRO,STC nevertheless barred the sanctioned students from participating in the graduation rites, arguing that, on the date of the commencement exercises, its adverted motion for reconsideration on the issuance of the TRO remained unresolved.
Thereafter, petitioners filed before the RTC a Petition for the Issuance of a Writ of Habeas Data.
The RTC rendered a Decision dismissing the petition for habeas data. To the trial court, petitioners failed to prove the existence of an actual or threatened violation of the minors’ right to privacy, one of the preconditions for the issuance of the writ of habeas data. Moreover, the court a quo held that the photos, having been uploaded on Facebook without restrictions as to who may view them, lost their privacy in some way. Besides, the RTC noted, STC gathered the photographs through legal means and for a legal purpose, that is, the implementation of the school’s policies and rules on discipline.

Issue:
Whether or not there was indeed an actual or threatened violation of the right to privacy in the life, liberty, or security of the minors involved in this case.

Ruling:
No. The writ of habeas data is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party. It is an independent and summary remedy designed to protect the image, privacy, honor, information, and freedom of information of an individual, and to provide a forum to enforce one’s right to the truth and to informational privacy. It seeks to protect a person’s right to control information regarding oneself, particularly in instances in which such information is being collected through unlawful means in order to achieve unlawful ends.
The writ, however, will not issue on the basis merely of an alleged unauthorized access to information about a person. Availment of the writ requires the existence of a nexus between the right to privacy on the one hand, and the right to life, liberty or security on the other. Thus, the existence of a person’s right to informational privacy and a showing, at least by substantial evidence, of an actual or threatened violation of the right to privacy in life, liberty or security of the victim are indispensable before the privilege of the writ may be extended.
The purpose of an Online Social Network, like Facebook, is to give users the ability to interact and to stay connected to other members of the same or different social media platform through the sharing of statuses, photos, videos, among others, depending on the services provided by the site. A user/owner can post anything on her account ––from text, to pictures, to music and videos––access to which would depend on whether he or she allows one, some or all of the other users to see his or her posts.
To address concerns about privacy, but without defeating its purpose, Facebook was armed with different privacy tools designed to regulate the accessibility of a user’s profile as well as information uploaded by the user. A Facebook user can regulate the visibility and accessibility of digital images (photos), posted on his or her personal bulletin or "wall," except for the user’s profile picture and ID, by selecting his or her desired privacy setting:
(a) Public - the default setting; every Facebook user can view the photo;
(b) Friends of Friends - only the user’s Facebook friends and their friends can view the photo;
(b) Friends - only the user’s Facebook friends can view the photo;
(c) Custom - the photo is made visible only to particular friends and/or networks of the Facebook user; and
(d) Only Me - the digital image can be viewed only by the user.
The foregoing are privacy tools designed to give its users an avenue to make the availability of their Facebook activities reflect their choice as to "when and to what extent to disclose facts about themselves – and to put others in the position of receiving such confidences. Ideally, the selected setting will be based on one’s desire to interact with others, coupled with the opposing need to withhold certain information as well as to regulate the spreading of his or her personal information.
It is through the availability of said privacy tools that many OSN users are said to have a subjective expectation that only those to whom they grant access to their profile will view the information they post or upload thereto. Before one can have an expectation of privacy in his or her OSN activity, it is first necessary that said user, in this case the children of petitioners, manifest the intention to keep certain posts private, through the employment of measures to prevent access thereto or to limit its visibility. And this intention can materialize in cyberspace through the utilization of the OSN’s privacy tools. In other words, utilization of these privacy tools is the manifestation, in cyber world, of the user’s invocation of his or her right to informational privacy.
Therefore, a Facebook user who opts to make use of a privacy tool to grant or deny access to his or her post or profile detail should not be denied the informational privacy right which necessarily accompanies said choice.
Did the minors limit the disclosure of the photos such that the images were kept within their zones of privacy? Petitioners, in support of their thesis about their children’s privacy right being violated, insist that Escudero intruded upon their children’s Facebook accounts, downloaded copies of the pictures and showed said photos to Tigol. To them, this was a breach of the minors’ privacy since their Facebook accounts, allegedly, were under "very private" or "Only Friends" setting safeguarded with a password. Ultimately, they posit that their children’s disclosure was only limited since their profiles were not open to public viewing. Therefore, according to them, people who are not their Facebook friends, including respondents, are barred from accessing said post without their knowledge and consent. As petitioner’s children testified, it was Angela who uploaded the subject photos which were only viewable by the five of them, although who these five are do not appear on the records.
STC did not violate petitioners’ daughters’ right to privacy.
The minors’ testimonies are not given much weight for one key reason: failure to question the students’ act of showing the photos to the school’s discipline-in-charge disproves their allegation that the photos were viewable only by the five of them. Without any evidence to corroborate their statement that the images were visible only to the five of them, and without their challenging Escudero’s claim that the other students were able to view the photos, their statements are, at best, self-serving, thus deserving scant consideration.
It is well to note that not one of petitioners disputed Escudero’s sworn account that her students, who are the minors’ Facebook "friends," showed her the photos using their own Facebook accounts. This only goes to show that no special means to be able to view the allegedly private posts were ever resorted to by Escudero’s students, and that it is reasonable to assume, therefore, that the photos were, in reality, viewable either by (1) their Facebook friends, or (2) by the public at large.
Considering that the default setting for Facebook posts is "Public," it can be surmised that the photographs in question were viewable to everyone on Facebook, absent any proof that petitioners’ children positively limited the disclosure of the photograph. If such were the case, they cannot invoke the protection attached to the right to informational privacy. The ensuing pronouncement in US v. Gines-Perez is most instructive:
[A] person who places a photograph on the Internet precisely intends to forsake and renounce all privacy rights to such imagery, particularly under circumstances such as here, where the Defendant did not employ protective measures or devices that would have controlled access to the Web page or the photograph itself.45
That the photos are viewable by "friends only" does not necessarily bolster the petitioners’ contention. In this regard, the cyber community is agreed that the digital images under this setting still remain to be outside the confines of the zones of privacy in view of the following:
(1) Facebook "allows the world to be more open and connected by giving its users the tools to interact and share in any conceivable way;"
(2) A good number of Facebook users "befriend" other users who are total strangers;
(3) The sheer number of "Friends" one user has, usually by the hundreds; and
(4) A user’s Facebook friend can "share" the former’s post, or "tag" others who are not Facebook friends with the former, despite its being visible only to his or her own Facebook friends.
It is well to emphasize at this point that setting a post’s or profile detail’s privacy to "Friends" is no assurance that it can no longer be viewed by another user who is not Facebook friends with the source of the content. The user’s own Facebook friend can share said content or tag his or her own Facebook friend thereto, regardless of whether the user tagged by the latter is Facebook friends or not with the former. Also, when the post is shared or when a person is tagged, the respective Facebook friends of the person who shared the post or who was tagged can view the post, the privacy setting of which was set at "Friends."
Even assuming that the photos in issue are visible only to the sanctioned students’ Facebook friends, respondent STC can hardly be taken to task for the perceived privacy invasion since it was the minors’ Facebook friends who showed the pictures to Tigol. Respondents were mere recipients of what were posted. They did not resort to any unlawful means of gathering the information as it was voluntarily given to them by persons who had legitimate access to the said posts. Clearly, the fault, if any, lies with the friends of the minors. Curiously enough, however, neither the minors nor their parents imputed any violation of privacy against the students who showed the images to Escudero.
Furthermore, petitioners failed to prove their contention that respondents reproduced and broadcasted the photographs. In fact, what petitioners attributed to respondents as an act of offensive disclosure was no more than the actuality that respondents appended said photographs in their memorandum submitted to the trial court in connection with the case. These are not tantamount to a violation of the minor’s informational privacy rights, contrary to petitioners’ assertion.
In sum, there can be no quibbling that the images in question, or to be more precise, the photos of minor students scantily clad, are personal in nature, likely to affect, if indiscriminately circulated, the reputation of the minors enrolled in a conservative institution. However, the records are bereft of any evidence, other than bare assertions that they utilized Facebook’s privacy settings to make the photos visible only to them or to a select few. Without proof that they placed the photographs subject of this case within the ambit of their protected zone of privacy, they cannot now insist that they have an expectation of privacy with respect to the photographs in question.
Had it been proved that the access to the pictures posted were limited to the original uploader, through the "Me Only" privacy setting, or that the user’s contact list has been screened to limit access to a select few, through the "Custom" setting, the result may have been different, for in such instances, the intention to limit access to the particular post, instead of being broadcasted to the public at large or all the user’s friends en masse, becomes more manifest and palpable.
Thus, the Court found that the respondent STC and its officials did not violate the minors' privacy rights. The petition is hereby DENIED.

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