01/08/2019
G.R. No. 202666
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Republic of the Philippines
SUPREME COURT
Manila
THIRD DIVISION
G.R. No. 202666 September 29, 2014
RHONDA AVE S. VIVARES and SPS. MARGARITA and DAVID SUZARA, Petitioners,
vs.
ST. THERESA'S COLLEGE, MYLENE RHEZA T. ESCUDERO, and JOHN DOES, Respondents.
D E C I S I O N
VELASCO, JR., J.:
The individual's desire for privacy is never absolute, since participation in society is an equally powerful desire. Thus
each individual is continually engaged in a personal adjustment process in which he balances the desire for privacy
with the desire for disclosure and communication of himself to others, in light of the environmental conditions and
social norms set by the society in which he lives.
Alan Westin, Privacy and Freedom (1967)
The Case
Before Us is a Petition for Review on Certiorari under Rule 45 of the Rules of Court, in relation to Section 19 of A.M.
No. 08116SC,1 otherwise known as the "Rule on the Writ of Habeas Data." Petitioners herein assail the July 27,
2012 Decision2 of the Regional Trial Court, Branch 14 in Cebu City (RTC) in SP. Proc. No. 19251CEB, which
dismissed their habeas data petition.
The Facts
Nenita Julia V. Daluz (Julia) and Julienne Vida Suzara (Julienne), both minors, were, during the period material,
graduating high school students at St. Theresa's College (STC), Cebu City. Sometime in January 2012, while
changing into their swimsuits for a beach party they were about to attend, Julia and Julienne, along with several
others, took digital pictures of themselves clad only in their undergarments. These pictures were then uploaded by
Angela Lindsay Tan (Angela) on her Facebook3 profile.
Back at the school, Mylene Rheza T. Escudero (Escudero), a computer teacher at STC’s high school department,
learned from her students that some seniors at STC posted pictures online, depicting themselves from the waist up,
dressed only in brassieres. Escudero then asked her students if they knew who the girls in the photos are. In turn,
they readily identified Julia, Julienne, and Chloe Lourdes Taboada (Chloe), among others.
Using STC’s computers, Escudero’s 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. What is more, Escudero’s students claimed that there were times
when access to or the availability of the identified students’ photos was not confined to the girls’ Facebook friends,4
but were, in fact, viewable by any Facebook user.5
Upon discovery, Escudero reported the matter and, through one of her student’s Facebook page, showed the
photosto Kristine Rose Tigol (Tigol), STC’s DisciplineinCharge, 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 alcoholicbeverages 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.
On March 1, 2012, Julia, Julienne, Angela, and the other students in the pictures in question, reported, as required,
to the office of Sr. Celeste Ma. Purisima Pe (Sr. Purisima), STC’s high school principal and ICM6 Directress. They
claimed that during the meeting, they were castigated and verbally abused by the STC officials present in the
conference, including Assistant Principal Mussolini S. Yap (Yap), Roswinda Jumiller, and Tigol. What is more, Sr.
Purisima informed their parents the following day that, as part of their penalty, they are barred from joining the
commencement exercises scheduled on March 30, 2012.
A week before graduation, or on March 23, 2012, Angela’s mother, Dr. Armenia M. Tan (Tan), filed a Petition for
Injunction and Damages before the RTC of Cebu City against STC, et al., docketed as Civil Case No. CEB38594.7
In it, Tan prayed that defendants therein be enjoined from implementing the sanction that precluded Angela from
joining the commencement exercises.
On March 25, 2012,petitioner Rhonda Ave Vivares (Vivares), the mother of Julia, joined the fray as an intervenor.
On March 28, 2012, defendants inCivil Case No. CEB38594 filed their memorandum, containing printed copies of
the photographs in issue as annexes. That same day, 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 ofthe TRO remained unresolved.
Thereafter, petitioners filed before the RTC a Petition for the Issuance of a Writ of Habeas Data, docketed as SP.
Proc. No. 19251CEB8 on the basis of the following considerations:
1. The photos of their children in their undergarments (e.g., bra) were taken for posterity before they changed
into their swimsuits on the occasion of a birthday beach party;
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