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G.R. No. 127685 July 23, 1998 Sec. 2. Inter-Agency Coordinating Committee.

An Inter-Agency Coordinating
Committee (IACC) to draw-up the implementing guidelines and oversee the
BLAS F. OPLE, petitioner, implementation of the System is hereby created, chaired by the Executive Secretary,
with the following as members:

vs.
Head, Presidential Management Staff

RUBEN D. TORRES, ALEXANDER AGUIRRE, HECTOR VILLANUEVA, CIELITO HABITO, ROBERT


BARBERS, CARMENCITA REODICA, CESAR SARINO, RENATO VALENCIA, TOMAS P. AFRICA, Secretary, National Economic Development Authority
HEAD OF THE NATIONAL COMPUTER CENTER and CHAIRMAN OF THE COMMISSION ON
AUDIT, respondents. Secretary, Department of the Interior and Local Government

PUNO, J.: Secretary, Department of Health

The petition at bar is a commendable effort on the part of Senator Blas F. Ople to prevent the shrinking Administrator, Government Service Insurance System,
of the right to privacy, which the revered Mr. Justice Brandeis considered as "the most comprehensive
of rights and the right most valued by civilized men." 1 Petitioner Ople prays that we invalidate Administrator, Social Security System,
Administrative Order No. 308 entitled "Adoption of a National Computerized Identification Reference
System" on two important constitutional grounds, viz: one, it is a usurpation of the power of Congress
Administrator, National Statistics Office
to legislate, and two, it impermissibly intrudes on our citizenry's protected zone of privacy. We grant
the petition for the rights sought to be vindicated by the petitioner need stronger barriers against
further erosion. Managing Director, National Computer Center.

A.O. No. 308 was issued by President Fidel V. Ramos On December 12, 1996 and reads as follows: Sec. 3. Secretariat. The National Computer Center (NCC) is hereby designated as
secretariat to the IACC and as such shall provide administrative and technical
support to the IACC.
ADOPTION OF A NATIONAL COMPUTERIZED

Sec. 4. Linkage Among Agencies. The Population Reference Number (PRN) generated
IDENTIFICATION REFERENCE SYSTEM
by the NSO shall serve as the common reference number to establish a linkage
among concerned agencies. The IACC Secretariat shall coordinate with the different
WHEREAS, there is a need to provide Filipino citizens and foreign residents with the Social Security and Services Agencies to establish the standards in the use of
facility to conveniently transact business with basic service and social security Biometrics Technology and in computer application designs of their respective
providers and other government instrumentalities; systems.

WHEREAS, this will require a computerized system to properly and efficiently identify Sec. 5. Conduct of Information Dissemination Campaign. The Office of the Press
persons seeking basic services on social security and reduce, if not totally eradicate Secretary, in coordination with the National Statistics Office, the GSIS and SSS as
fraudulent transactions and misrepresentations; lead agencies and other concerned agencies shall undertake a massive tri-media
information dissemination campaign to educate and raise public awareness on the
WHEREAS, a concerted and collaborative effort among the various basic services importance and use of the PRN and the Social Security Identification Reference.
and social security providing agencies and other government intrumentalities is
required to achieve such a system; Sec. 6. Funding. The funds necessary for the implementation of the system shall be
sourced from the respective budgets of the concerned agencies.
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by
virtue of the powers vested in me by law, do hereby direct the following: Sec. 7. Submission of Regular Reports. The NSO, GSIS and SSS shall submit regular
reports to the Office of the President through the IACC, on the status of
Sec. 1. Establishment of a National Compoterized Identification Reference System. A implementation of this undertaking.
decentralized Identification Reference System among the key basic services and
social security providers is hereby established. Sec. 8. Effectivity. This Administrative Order shall take effect immediately.
DONE in the City of Manila, this 12th day of December in the year of Our Lord, As is usual in constitutional litigation, respondents raise the threshold issues relating to the standing
Nineteen Hundred and Ninety-Six. to sue of the petitioner and the justiciability of the case at bar. More specifically, respondents aver that
petitioner has no legal interest to uphold and that the implementing rules of A.O. No. 308 have yet to
(SGD.) FIDEL V. RAMOS be promulgated.

A.O. No. 308 was published in four newspapers of general circulation on January 22, 1997 and January These submissions do not deserve our sympathetic ear. Petitioner Ople is a distinguished member of
23, 1997. On January 24, 1997, petitioner filed the instant petition against respondents, then our Senate. As a Senator, petitioner is possessed of the requisite standing to bring suit raising the
Executive Secretary Ruben Torres and the heads of the government agencies, who as members of the issue that the issuance of A.O. No. 308 is a usurpation of legislative power. 4 As taxpayer and member
Inter-Agency Coordinating Committee, are charged with the implementation of A.O. No. 308. On April of the Government Service Insurance System (GSIS), petitioner can also impugn the legality of the
8, 1997, we issued a temporary restraining order enjoining its implementation. misalignment of public funds and the misuse of GSIS funds to implement A.O. No. 308. 5

Petitioner contends: The ripeness for adjudication of the Petition at bar is not affected by the fact that the implementing
rules of A.O. No. 308 have yet to be promulgated. Petitioner Ople assails A.O. No. 308 as invalid per
se and as infirmed on its face. His action is not premature for the rules yet to be promulgated cannot
A. THE ESTABLISNMENT OF A NATIONAL COMPUTERIZED IDENTIFICATION
cure its fatal defects. Moreover, the respondents themselves have started the implementation of A.O.
REFERENCE SYSTEM REQUIRES A LEGISLATIVE ACT. THE ISSUANCE OF A.O. NO. 308
No. 308 without waiting for the rules. As early as January 19, 1997, respondent Social Security System
BY THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES IS, THEREFORE, AN
(SSS) caused the publication of a notice to bid for the manufacture of the National Identification (ID)
UNCONSTITUTIONAL USURPATION OF THE LEGISLATIVE POWERS OF THE CONGRESS
card. 6 Respondent Executive Secretary Torres has publicly announced that representatives from the
OF THE REPUBLIC OF THE PHILIPPINES.
GSIS and the SSS have completed the guidelines for the national identification system. 7 All signals
from the respondents show their unswerving will to implement A.O. No. 308 and we need not wait for
B. THE APPROPRIATION OF PUBLIC FUNDS BY THE PRESIDENT FOR THE the formality of the rules to pass judgment on its constitutionality. In this light, the dissenters
IMPLEMENTATION OF A.O. NO. 308 IS AN UNCONSTITUTIONAL USURPATION OF THE insistence that we tighten the rule on standing is not a commendable stance as its result would be to
EXCLUSIVE RIGHT OF CONGRESS TO APPROPRIATE PUBLIC FUNDS FOR throttle an important constitutional principle and a fundamental right.
EXPENDITURE.
II
C. THE IMPLEMENTATION OF A.O. NO. 308 INSIDIOUSLY LAYS THE GROUNDWORK
FOR A SYSTEM WHICH WILL VIOLATE THE BILL OF RIGHTS ENSHRINED IN THE
We now come to the core issues. Petitioner claims that A.O. No. 308 is not a mere administrative order
CONSTITUTION. 2
but a law and hence, beyond the power of the President to issue. He alleges that A.O. No. 308
establishes a system of identification that is all-encompassing in scope, affects the life and liberty of
Respondents counter-argue: every Filipino citizen and foreign resident, and more particularly, violates their right to privacy.

A. THE INSTANT PETITION IS NOT A JUSTICIABLE CASE AS WOULD WARRANT A Petitioner's sedulous concern for the Executive not to trespass on the lawmaking domain of Congress
JUDICIAL REVIEW; is understandable. The blurring of the demarcation line between the power of the Legislature to make
laws and the power of the Executive to execute laws will disturb their delicate balance of power and
B. A.O. NO. 308 [1996] WAS ISSUED WITHIN THE EXECUTIVE AND ADMINISTRATIVE cannot be allowed. Hence, the exercise by one branch of government of power belonging to another
POWERS OF THE PRESIDENT WITHOUT ENCROACHING ON THE LEGISLATIVE POWERS will be given a stricter scrutiny by this Court.
OF CONGRESS;
The line that delineates Legislative and Executive power is not indistinct. Legislative power is "the
C. THE FUNDS NECESSARY FOR THE IMPLEMENTATION OF THE IDENTIFICATION authority, under the Constitution, to make laws, and to alter and repeal them." 8 The Constitution, as
REFERENCE SYSTEM MAY BE SOURCED FROM THE BUDGETS OF THE CONCERNED the will of the people in their original, sovereign and unlimited capacity, has vested this power in the
AGENCIES; Congress of the Philippines. 9 The grant of legislative power to Congress is broad, general and
comprehensive. 10 The legislative body possesses plenary power for all purposes of civil
3 government. 11 Any power, deemed to be legislative by usage and tradition, is necessarily possessed
D. A.O. NO. 308 [1996] PROTECTS AN INDIVIDUAL'S INTEREST IN PRIVACY.
by Congress, unless the Constitution has lodged it elsewhere. 12 In fine, except as limited by the
Constitution, either expressly or impliedly, legislative power embraces all subjects and extends to
We now resolve. matters of general concern or common interest. 13

I
While Congress is vested with the power to enact laws, the President executes the laws. 14 The It cannot be simplistically argued that A.O. No. 308 merely implements the Administrative Code of
executive power is vested in the Presidents. 15 It is generally defined as the power to enforce and 1987. It establishes for the first time a National Computerized Identification Reference System. Such a
administer the laws. 16 It is the power of carrying the laws into practical operation and enforcing their System requires a delicate adjustment of various contending state policies the primacy of national
due observance. 17 security, the extent of privacy interest against dossier-gathering by government, the choice of
policies, etc. Indeed, the dissent of Mr. Justice Mendoza states that the A.O. No. 308 involves the all-
As head of the Executive Department, the President is the Chief Executive. He represents the important freedom of thought. As said administrative order redefines the parameters of some basic
government as a whole and sees to it that all laws are enforced by the officials and employees of his rights of our citizenry vis-a-vis the State as well as the line that separates the administrative power of
department. 18 He has control over the executive department, bureaus and offices. This means that he the President to make rules and the legislative power of Congress, it ought to be evident that it deals
has the authority to assume directly the functions of the executive department, bureau and office or with a subject that should be covered by law.
interfere with the discretion of its officials. 19 Corollary to the power of control, the President also has
the duty of supervising the enforcement of laws for the maintenance of general peace and public Nor is it correct to argue as the dissenters do that A.D. No. 308 is not a law because it confers no right,
order. Thus, he is granted administrative power over bureaus and offices under his control to enable imposes no duty, affords no proctection, and creates no office. Under A.O. No. 308, a citizen cannot
him to discharge his duties effectively. 20 transact business with government agencies delivering basic services to the people without the
contemplated identification card. No citizen will refuse to get this identification card for no one can
Administrative power is concerned with the work of applying policies and enforcing orders as avoid dealing with government. It is thus clear as daylight that without the ID, a citizen will have
determined by proper governmental organs. 21 It enables the President to fix a uniform standard of difficulty exercising his rights and enjoying his privileges. Given this reality, the contention that A.O.
administrative efficiency and check the official conduct of his agents. 22 To this end, he can issue No. 308 gives no right and imposes no duty cannot stand.
administrative orders, rules and regulations.
Again, with due respect, the dissenting opinions unduly expand the limits of administrative legislation
Prescinding from these precepts, we hold that A.O. No. 308 involves a subject that is not appropriate and consequently erodes the plenary power of Congress to make laws. This is contrary to the
to be covered by an administrative order. An administrative order is: established approach defining the traditional limits of administrative legislation. As well stated by
Fisher: ". . . Many regulations however, bear directly on the public. It is here that administrative
legislation must he restricted in its scope and application. Regulations are not supposed to be a
Sec. 3. Administrative Orders. Acts of the President which relate to particular
substitute for the general policy-making that Congress enacts in the form of a public law. Although
aspects of governmental operation in pursuance of his duties as administrative head
administrative regulations are entitled to respect, the authority to prescribe rules and regulations is
shall be promulgated in administrative orders. 23
not an independent source of power to make laws." 28

An administrative order is an ordinance issued by the President which relates to specific


III
aspects in the administrative operation of government. It must be in harmony with the law
and should be for the sole purpose of implementing the law and carrying out the legislative
policy. 24 We reject the argument that A.O. No. 308 implements the legislative policy of the Assuming, arguendo, that A.O. No. 308 need not be the subject of a law, still it cannot pass
Administrative Code of 1987. The Code is a general law and "incorporates in a unified constitutional muster as an administrative legislation because facially it violates the right to privacy.
document the major structural, functional and procedural principles of governance." 25 and The essence of privacy is the "right to be let alone." 29 In the 1965 case of Griswold v.
"embodies changes in administrative structure and procedures designed to serve the Connecticut, 30 the United States Supreme Court gave more substance to the right of privacy when it
people." 26 The Code is divided into seven (7) Books: Book I deals with Sovereignty and ruled that the right has a constitutional foundation. It held that there is a right of privacy which can be
General Administration, Book II with the Distribution of Powers of the three branches of found within the penumbras of the First, Third, Fourth, Fifth and Ninth Amendments, 31 viz:
Government, Book III on the Office of the President, Book IV on the Executive Branch, Book V
on Constitutional Commissions, Book VI on National Government Budgeting, and Book VII on Specific guarantees in the Bill of Rights have penumbras formed by emanations from
Administrative Procedure. These Books contain provisions on the organization, powers and these guarantees that help give them life and substance . . . various guarantees
general administration of the executive, legislative and judicial branches of government, the create zones of privacy. The right of association contained in the penumbra of the
organization and administration of departments, bureaus and offices under the executive First Amendment is one, as we have seen. The Third Amendment in its prohibition
branch, the organization and functions of the Constitutional Commissions and other against the quartering of soldiers "in any house" in time of peace without the
constitutional bodies, the rules on the national government budget, as well as guideline for consent of the owner is another facet of that privacy. The Fourth Amendment
the exercise by administrative agencies of quasi-legislative and quasi-judicial powers. The explicitly affirms the ''right of the people to be secure in their persons, houses and
Code covers both the internal administration of government, i.e, internal organization, effects, against unreasonable searches and seizures." The Fifth Amendment in its
personnel and recruitment, supervision and discipline, and the effects of the functions Self-Incrimination Clause enables the citizen to create a zone of privacy which
performed by administrative officials on private individuals or parties outside government. 27 government may not force him to surrender to his detriment. The Ninth Amendment
provides: "The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people."
In the 1968 case of Morfe v. Mutuc, 32 we adopted the Griswold ruling that there is a except upon probable cause to be determined personally by the judge after
constitutional right to privacy. Speaking thru Mr. Justice, later Chief Justice, Enrique Fernando, examination under oath or affirmation of the complainant and the witnesses he may
we held: produce, and particularly describing the place to be searched and the persons or
things to be seized.
xxx xxx xxx
xxx xxx xxx
The Griswold case invalidated a Connecticut statute which made the use of
contraceptives a criminal offence on the ground of its amounting to an Sec. 6. The liberty of abode and of changing the same within the limits prescribed by
unconstitutional invasion of the right of privacy of married persons; rightfully it law shall not be impaired except upon lawful order of the court. Neither shall the
stressed "a relationship lying within the zone of privacy created by several right to travel be impaired except in the interest of national security, public safety,
fundamental constitutional guarantees." It has wider implications though. The or public health as may be provided by law.
constitutional right to privacy has come into its own.
xxx xxx xxx
So it is likewise in our jurisdiction. The right to privacy as such is accorded
recognition independently of its identification with liberty; in itself, it is fully Sec. 8. The right of the people, including those employed in the public and private
deserving of constitutional protection. The language of Prof. Emerson is particularly sectors, to form unions, associations, or societies for purposes not contrary to law
apt: "The concept of limited government has always included the idea that shall not be abridged.
governmental powers stop short of certain intrusions into the personal life of the
citizen. This is indeed one of the basic distinctions between absolute and limited
Sec. 17. No person shall be compelled to be a witness against himself.
government. Ultimate and pervasive control of the individual, in all aspects of his
life, is the hallmark of the absolute state. In contrast, a system of limited
government safeguards a private sector, which belongs to the individual, firmly Zones of privacy are likewise recognized and protected in our laws. The Civil Code provides that
distinguishing it from the public sector, which the state can control. Protection of this "[e]very person shall respect the dignity, personality, privacy and peace of mind of his neighbors and
private sector protection, in other words, of the dignity and integrity of the other persons" and punishes as actionable torts several acts by a person of meddling and prying into
individual has become increasingly important as modern society has developed. the privacy of another. 35 It also holds a public officer or employee or any private individual liable for
All the forces of a technological age industrialization, urbanization, and damages for any violation of the rights and liberties of another person, 36 and recognizes the privacy
organization operate to narrow the area of privacy and facilitate intrusion into it. of letters and other private communications. 37 The Revised Penal Code makes a crime the violation of
In modern terms, the capacity to maintain and support this enclave of private life secrets by an officer, 38 the revelation of trade and industrial secrets, 39 and trespass to
marks the difference between a democratic and a totalitarian society." dwelling. 40Invasion of privacy is an offense in special laws like the Anti-Wiretapping Law, 41 the
Secrecy of Bank Deposits Act 42 and the Intellectual Property Code. 43 The Rules of Court on privileged
communication likewise recognize the privacy of certain information. 44
Indeed, if we extend our judicial gaze we will find that the right of privacy is recognized and enshrined
in several provisions of our Constitution. 33 It is expressly recognized in section 3 (1) of the Bill of
Rights: Unlike the dissenters, we prescind from the premise that the right to privacy is a fundamental right
guaranteed by the Constitution, hence, it is the burden of government to show that A.O. No. 308 is
justified by some compelling state interest and that it is narrowly drawn. A.O. No. 308 is predicated on
Sec. 3. (1) The privacy of communication and correspondence shall be inviolable
two considerations: (1) the need to provides our citizens and foreigners with the facility to
except upon lawful order of the court, or when public safety or order requires
conveniently transact business with basic service and social security providers and other government
otherwise as prescribed by law.
instrumentalities and (2) the need to reduce, if not totally eradicate, fraudulent transactions and
misrepresentations by persons seeking basic services. It is debatable whether these interests are
Other facets of the right to privacy are protectad in various provisions of the Bill of compelling enough to warrant the issuance of A.O. No. 308. But what is not arguable is the broadness,
Rights, viz: 34 the vagueness, the overbreadth of A.O. No. 308 which if implemented will put our people's right to
privacy in clear and present danger.
Sec. 1. No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws. The heart of A.O. No. 308 lies in its Section 4 which provides for a Population Reference Number (PRN)
as a "common reference number to establish a linkage among concerned agencies" through the use of
Sec. 2. The right of the people to be secure in their persons, houses papers, and "Biometrics Technology" and "computer application designs."
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
Biometry or biometrics is "the science of the applicatin of statistical methods to biological facts; a constitutes a covert invitation to misuse, a temptation that may be too great for some of our
mathematical analysis of biological data." 45 The term "biometrics" has evolved into a broad category authorities to resist. 56
of technologies which provide precise confirmation of an individual's identity through the use of the
individual's own physiological and behavioral characteristics. 46 A physiological characteristic is a We can even grant, arguendo, that the computer data file will be limited to the name, address and
relatively stable physical characteristic such as a fingerprint, retinal scan, hand geometry or facial other basic personal infomation about the individual. 57 Even that hospitable assumption will not save
features. A behavioral characteristic is influenced by the individual's personality and includes voice A.O. No. 308 from constitutional infirmity for again said order does not tell us in clear and categorical
print, signature and keystroke. 47 Most biometric idenfication systems use a card or personal terms how these information gathered shall he handled. It does not provide who shall control and
identificatin number (PIN) for initial identification. The biometric measurement is used to verify that access the data, under what circumstances and for what purpose. These factors are essential to
the individual holding the card or entering the PIN is the legitimate owner of the card or PIN. 48 safeguard the privacy and guaranty the integrity of the information. 58 Well to note, the computer
linkage gives other government agencies access to the information. Yet, there are no controls to guard
A most common form of biological encoding is finger-scanning where technology scans a fingertip and against leakage of information. When the access code of the control programs of the particular
turns the unique pattern therein into an individual number which is called a biocrypt. The biocrypt is computer system is broken, an intruder, without fear of sanction or penalty, can make use of the data
stored in computer data banks 49 and becomes a means of identifying an individual using a service. for whatever purpose, or worse, manipulate the data stored within the system. 59
This technology requires one's fingertip to be scanned every time service or access is
provided. 50 Another method is the retinal scan. Retinal scan technology employs optical technology to It is plain and we hold that A.O. No. 308 falls short of assuring that personal information which will be
map the capillary pattern of the retina of the eye. This technology produces a unique print similar to a gathered about our people will only be processed for unequivocally specified purposes. 60 The lack of
finger print. 51 Another biometric method is known as the "artificial nose." This device chemically proper safeguards in this regard of A.O. No. 308 may interfere with the individual's liberty of abode
analyzes the unique combination of substances excreted from the skin of people. 52 The latest on the and travel by enabling authorities to track down his movement; it may also enable unscrupulous
list of biometric achievements is the thermogram. Scientists have found that by taking pictures of a persons to access confidential information and circumvent the right against self-incrimination; it may
face using infra-red cameras, a unique heat distribution pattern is seen. The different densities of pave the way for "fishing expeditions" by government authorities and evade the right against
bone, skin, fat and blood vessels all contribute to the individual's personal "heat signature." 53 unreasonable searches and seizures. 61 The possibilities of abuse and misuse of the PRN, biometrics
and computer technology are accentuated when we consider that the individual lacks control over
In the last few decades, technology has progressed at a galloping rate. Some science fictions are now what can be read or placed on his ID, much less verify the correctness of the data encoded. 62 They
science facts. Today, biometrics is no longer limited to the use of fingerprint to identify an individual. It threaten the very abuses that the Bill of Rights seeks to prevent. 63
is a new science that uses various technologies in encoding any and all biological characteristics of an
individual for identification. It is noteworthy that A.O. No. 308 does not state what specific biological The ability of sophisticated data center to generate a comprehensive cradle-to-grave dossier on an
characteristics and what particular biometrics technology shall be used to identify people who will individual and transmit it over a national network is one of the most graphic threats of the computer
seek its coverage. Considering the banquest of options available to the implementors of A.O. No. 308, revolution. 64 The computer is capable of producing a comprehensive dossier on individuals out of
the fear that it threatens the right to privacy of our people is not groundless. information given at different times and for varied purposes. 65 It can continue adding to the stored
data and keeping the information up to date. Retrieval of stored date is simple. When information of a
A.O. No. 308 should also raise our antennas for a further look will show that it does not state whether privileged character finds its way into the computer, it can be extracted together with other data on
encoding of data is limited to biological information alone for identification purposes. In fact, the the subject. 66 Once extracted, the information is putty in the hands of any person. The end of privacy
Solicitor General claims that the adoption of the Identification Reference System will contribute to the begins.
"generation of population data for development planning." 54 This is an admission that the PRN will not
be used solely for identification but the generation of other data with remote relation to the avowed Though A.O. No. 308 is undoubtedly not narrowly drawn, the dissenting opinions would dismiss its
purposes of A.O. No. 308. Clearly, the indefiniteness of A.O. No. 308 can give the government the danger to the right to privacy as speculative and hypothetical. Again, we cannot countenance such a
roving authority to store and retrieve information for a purpose other than the identification of the laidback posture. The Court will not be true to its role as the ultimate guardian of the people's liberty if
individual through his PRN. it would not immediately smother the sparks that endanger their rights but would rather wait for the
fire that could consume them.
The potential for misuse of the data to be gathered under A.O. No. 308 cannot be undarplayed as the
dissenters do. Pursuant to said administrative order, an individual must present his PRN everytime he We reject the argument of the Solicitor General that an individual has a reasonable expectation of
deals with a government agency to avail of basic services and security. His transactions with the privacy with regard to the Natioal ID and the use of biometrics technology as it stands on quicksand.
government agency will necessarily be recorded whether it be in the computer or in the The reasonableness of a person's expectation of privacy depends on a two-part test: (1) whether by
documentary file of the agency. The individual's file may include his transactions for loan availments, his conduct, the individual has exhibited an expectation of privacy; and (2) whether this expectation is
income tax returns, statement of assets and liabilities, reimbursements for medication, hospitalization, one that society recognizes as reasonable.67 The factual circumstances of the case determines the
etc. The more frequent the use of the PRN, the better the chance of building a huge formidable reasonableness of the expectation. 68 However, other factors, such as customs, physical surroundings
informatin base through the electronic linkage of the files. 55 The data may be gathered for gainful and and practices of a particular activity, may serve to create or diminish this expectation. 69 The use of
useful government purposes; but the existence of this vast reservoir of personal information biometrics and computer technology in A.O. No. 308 does not assure the individual of a reasonable
expectation of privacy. 70 As technology advances, the level of reasonably expected privacy The case of Whalen v. Roe 79 cited by the Solicitor General is also off-line. In Whalen, the United States
decreases. 71 The measure of protection granted by the reasonable expectation diminishes as relevant Supreme Court was presented with the question of whether the State of New York could keep a
technology becomes more widely accepted. 72 The security of the computer data file depends not only centralized computer record of the names and addresses of all persons who obtained certain drugs
on the physical inaccessibility of the file but also on the advances in hardware and software computer pursuant to a doctor's prescription. The New York State Controlled Substance Act of 1972 required
technology. A.O. No. 308 is so widely drawn that a minimum standard for a reasonable expectation of physicians to identify parties obtaining prescription drugs enumerated in the statute, i.e., drugs with a
privacy, regardless of technology used, cannot be inferred from its provisions. recognized medical use but with a potential for abuse, so that the names and addresses of the
patients can be recorded in a centralized computer file of the State Department of Health. The
The rules and regulations to be by the IACC cannot remedy this fatal defect. Rules and regulations plaintiffs, who were patients and doctors, claimed that some people might decline necessary
merely implement the policy of the law or order. On its face, A.O. No. gives the IACC virtually medication because of their fear that the computerized data may be readily available and open to
infettered discretion to determine the metes and bounds of the ID System. public disclosure; and that once disclosed, it may stigmatize them as drug addicts. 80 The plaintiffs
alleged that the statute invaded a constitutionally protected zone of privacy, i.e., the individual
interest in avoiding disclosure of personal matters, and the interest in independence in making certain
Nor do your present laws prvide adequate safeguards for a reasonable expectation of privacy.
kinds of important decisions. The U.S. Supreme Court held that while an individual's interest in
Commonwealth Act. No. 591 penalizes the disclosure by any person of data furnished by the individual
avoiding disclosuer of personal matter is an aspect of the right to privacy, the statute did not pose a
to the NSO with imprisonment and fine. 73 Republic Act. No. 1161 prohibits public disclosure of SSS
grievous threat to establish a constitutional violation. The Court found that the statute was necessary
employment records and reports. 74These laws, however, apply to records and data with the NSO and
to aid in the enforcement of laws designed to minimize the misuse of dangerous drugs. The patient-
the SSS. It is not clear whether they may be applied to data with the other government agencies
identification requirement was a product of an orderly and rational legislative decision made upon
forming part of the National ID System. The need to clarify the penal aspect of A.O. No. 308 is another
recommmendation by a specially appointed commission which held extensive hearings on the matter.
reason why its enactment should be given to Congress.
Moreover, the statute was narrowly drawn and contained numerous safeguards against indiscriminate
disclosure. The statute laid down the procedure and requirements for the gathering, storage and
Next, the Solicitor General urges us to validate A.O. No. 308's abridgment of the right of privacy by retrieval of the informatin. It ebumerated who were authorized to access the data. It also prohibited
using the rational relationship test. 75 He stressed that the purposes of A.O. No. 308 are: (1) to public disclosure of the data by imposing penalties for its violation. In view of these safeguards, the
streamline and speed up the implementation of basic government services, (2) eradicate fraud by infringement of the patients' right to privacy was justified by a valid exercise of police power. As we
avoiding duplication of services, and (3) generate population data for development planning. He discussed above, A.O. No. 308 lacks these vital safeguards.
cocludes that these purposes justify the incursions into the right to privacy for the means are
rationally related to the end. 76
Even while we strike down A.O. No. 308, we spell out in neon that the Court is not per se agains the
use of computers to accumulate, store, process, retvieve and transmit data to improve our
We are not impressed by the argument. In Morfe v. Mutuc, 77 we upheld the constitutionality of R.A. bureaucracy. Computers work wonders to achieve the efficiency which both government and private
3019, the Anti-Graft and Corrupt Practices Act, as a valid police power measure. We declared that the industry seek. Many information system in different countries make use of the computer to facilitate
law, in compelling a public officer to make an annual report disclosing his assets and liabilities, his important social objective, such as better law enforcement, faster delivery of public services, more
sources of income and expenses, did not infringe on the individual's right to privacy. The law was efficient management of credit and insurance programs, improvement of telecommunications and
enacted to promote morality in public administration by curtailing and minimizing the opportunities for streamlining of financial activities. 81 Used wisely, data stored in the computer could help good
official corruption and maintaining a standard of honesty in the public service. 78 administration by making accurate and comprehensive information for those who have to frame policy
and make key decisions. 82 The benefits of the computer has revolutionized information technology. It
The same circumstances do not obtain in the case at bar. For one, R.A. 3019 is a statute, not an developed the internet, 83 introduced the concept of cyberspace 84 and the information superhighway
administrative order. Secondly, R.A. 3019 itself is sufficiently detailed. The law is clear on what where the individual, armed only with his personal computer, may surf and search all kinds and
practices were prohibited and penalized, and it was narrowly drawn to avoid abuses. IN the case at classes of information from libraries and databases connected to the net.
bar, A.O. No. 308 may have been impelled by a worthy purpose, but, it cannot pass constitutional
scrutiny for it is not narrowly drawn. And we now hod that when the integrity of a fundamental right is In no uncertain terms, we also underscore that the right to privacy does not bar all incursions into
at stake, this court will give the challenged law, administrative order, rule or regulation a stricter individual privacy. The right is not intended to stifle scientific and technological advancements that
scrutiny. It will not do for the authorities to invoke the presumption of regularity in the performance of enhance public service and the common good. It merely requires that the law be narrowly
official duties. Nor is it enough for the authorities to prove that their act is not irrational for a basic focused 85 and a compelling interest justify such intrusions. 86 Intrusions into the right must be
right can be diminished, if not defeated, even when the government does not act irrationally. They accompanied by proper safeguards and well-defined standards to prevent unconstitutional invasions.
must satisfactorily show the presence of compelling state interests and that the law, rule or regulation We reiterate that any law or order that invades individual privacy will be subjected by this Court to
is narrowly drawn to preclude abuses. This approach is demanded by the 1987 Constitution whose strict scrutiny. The reason for this stance was laid down in Morfe v. Mutuc, to wit:
entire matrix is designed to protect human rights and to prevent authoritarianism. In case of doubt,
the least we can do is to lean towards the stance that will not put in danger the rights protected by the
The concept of limited government has always included the idea that governmental
Constitutions.
powers stop short of certain intrusions into the personal life of the citizen. This is
indeed one of the basic disctinctions between absolute and limited government.
Ultimate and pervasive control of the individual, in all aspects of his life, is the FELICIANO, J.:
hallmark of the absolute state. In contrast, a system of limited government
safeguards a private sector, which belongs to the individual, firmly distinguishing it Petitioner Hal McElroy an Australian film maker, and his movie production company, Petitioner Ayer
from the public sector, which the state can control. Protection of this private sector Productions pty Ltd. (Ayer Productions), 1 envisioned, sometime in 1987, the for commercial viewing
protection, in other words, of the dignity and integrity of the individual has and for Philippine and international release, the histolic peaceful struggle of the Filipinos at EDSA
become increasingly important as modern society has developed. All the forces of a (Epifanio de los Santos Avenue). Petitioners discussed this Project with local movie producer Lope V.
technological age industrialization, urbanization, and organization operate to Juban who suggested th they consult with the appropriate government agencies and also with General
narrow the area of privacy and facilitate intrusion into it. In modern terms, the Fidel V. Ramos and Senator Juan Ponce Enrile, who had played major roles in the events proposed to
capacity to maintain and support this enclave of private life marks the difference be filmed.
between a democratic and a totalitarian society. 87

The proposed motion picture entitled "The Four Day Revolution" was endorsed by the Movie Television
IV Review and Classification Board as wel as the other government agencies consulted. General Fidel
Ramos also signified his approval of the intended film production.
The right to privacy is one of the most threatened rights of man living in a mass society. The threats
emanate from various sources governments, journalists, employers, social scientists, etc. 88 In th In a letter dated 16 December 1987, petitioner Hal McElroy informed private respondent Juan Ponce
case at bar, the threat comes from the executive branch of government which by issuing A.O. No. 308 Enrile about the projected motion picture enclosing a synopsis of it, the full text of which is set out
pressures the people to surrender their privacy by giving information about themselves on the pretext below:
that it will facilitate delivery of basic services. Given the record-keeping power of the computer, only
the indifferent fail to perceive the danger that A.O. No. 308 gives the government the power to
The Four Day Revolution is a six hour mini-series about People Powera unique
compile a devastating dossier against unsuspecting citizens. It is timely to take note of the well-
event in modern history that-made possible the Peaceful revolution in the Philippines
worded warning of Kalvin, Jr., "the disturbing result could be that everyone will live burdened by an
in 1986.
unerasable record of his past and his limitations. In a way, the threat is that because of its record-
keeping, the society will have lost its benign capacity to forget." 89 Oblivious to this counsel, the
dissents still say we should not be too quick in labelling the right to privacy as a fundamental right. We Faced with the task of dramatising these rerkble events, screenwriter David
close with the statement that the right to privacy was not engraved in our Constitution for flattery. Williamson and history Prof Al McCoy have chosen a "docu-drama" style and created
[four] fictitious characters to trace the revolution from the death of Senator Aquino,
to the Feb revolution and the fleeing of Marcos from the country.
IN VIEW WHEREOF, the petition is granted and Adminisrative Order No. 308 entitled "Adoption of a
National Computerized Identification Reference System" declared null and void for being
unconstitutional. These character stories have been woven through the real events to help our huge
international audience understand this ordinary period inFilipino history.
SO ORDERED.
First, there's Tony O'Neil, an American television journalist working for major
network. Tony reflects the average American attitude to the Phihppinence once a
G.R. No. 82380 April 29, 1988
colony, now the home of crucially important military bases. Although Tony is aware
of the corruption and of Marcos' megalomania, for him, there appears to be no
AYER PRODUCTIONS PTY. LTD. and McELROY & McELROY FILM PRODUCTIONS, petitioners, alternative to Marcos except the Communists.
vs.
HON.IGNACIO M. CAPULONG and JUAN PONCE ENRILE, respondents.
Next, Angie Fox a fiery Australian photo-journalist. A 'new girl in town,' she is quickly
caught up in the events as it becomes dear that the time has come for a change.
G.R. No. 82398 April 29, 1988 Through Angle and her relationship with one of the Reform Army Movement Colonels
(a fictitious character), we follow the developing discontent in the armed forces.
HAL MCELROY petitioner, Their dislike for General Ver, their strong loyalty to Defense Minister Enrile, and
vs. ultimately their defection from Marcos.
HON. IGNACIO M. CAPULONG, in his capacity as Presiding Judge of the Regional Trial Court
of Makati, Branch 134 and JUAN PONCE ENRILE, respondents. The fourth fictitious character is Ben Balano, a middle-aged editor of a Manila
newspaper who despises the Marcos regime and is a supporter an promoter of Cory
Aquino. Ben has two daughters, Cehea left wing lawyer who is a secret member of
the New People's Army, and Eva--a -P.R. girl, politically moderate and very much in 1988, the trial court issued ex-parte a Temporary Restraining Order and set for hearing the application
love with Tony. Ultimately, she must choose between her love and the revolution. for preliminary injunction.

Through the interviews and experiences of these central characters, we show the On 9 March 1988, Hal McElroy flied a Motion to Dismiss with Opposition to the Petition for Preliminary
complex nature of Filipino society, and thintertwining series of events and characters Injunction contending that the mini-series fim would not involve the private life of Juan Ponce Enrile
that triggered these remarkable changes. Through them also, we meet all of the nor that of his family and that a preliminary injunction would amount to a prior restraint on their right
principal characters and experience directly dramatic recreation of the revolution. of free expression. Petitioner Ayer Productions also filed its own Motion to Dismiss alleging lack of
The story incorporates actual documentary footage filmed during the period which cause of action as the mini-series had not yet been completed.
we hope will capture the unique atmosphere and forces that combined to overthrow
President Marcos. In an Order 2 dated 16 March 1988, respondent court issued a writ of Preliminary Injunction against
the petitioners, the dispositive portion of which reads thus:
David Williamson is Australia's leading playwright with some 14 hugely successful
plays to his credit(Don's Party,' 'The Club,' Travelling North) and 11 feature films WHEREFORE, let a writ of preliminary injunction be issued, ordering defendants, and
(The Year of Living Dangerously,' Gallipoli,' 'Phar Lap'). all persons and entities employed or under contract with them, including actors,
actresses and members of the production staff and crew as well as all persons and
Professor McCoy (University of New South Wales) is an American historian with a entities acting on defendants' behalf, to cease and desist from producing and
deep understanding of the Philippines, who has worked on the research for this filming the mini-series entitled 'The Four Day Revolution" and from making any
project for some 18 months. Together with Davi Wilhamgon they have developed a reference whatsoever to plaintiff or his family and from creating any fictitious
script we believe accurately depicts the complex issues and events that occurred character in lieu of plaintiff which nevertheless is based on, or bears rent substantial
during th period . or marked resemblance or similarity to, or is otherwise Identifiable with, plaintiff in
the production and any similar film or photoplay, until further orders from this Court,
The six hour series is a McElroy and McElroy co-production with Home Box Office in upon plaintiff's filing of a bond in the amount of P 2,000,000.00, to answer for
American, the Australian Broadcast Corporation in Australia and Zenith Productions whatever damages defendants may suffer by reason of the injunction if the Court
in the United Kingdom should finally decide that plaintiff was not entitled thereto.

The proposed motion picture would be essentially a re-enact. ment of the events that made possible xxx xxx xxx
the EDSA revolution; it is designed to be viewed in a six-hour mini-series television play, presented in
a "docu-drama" style, creating four (4) fictional characters interwoven with real events, and utilizing (Emphasis supplied)
actual documentary footage as background.
On 22 March 1988, petitioner Ayer Productions came to this Court by a Petition for certiorari dated 21
On 21 December 1987, private respondent Enrile replied that "[he] would not and will not approve of March 1988 with an urgent prayer for Preliminary Injunction or Restraining Order, which petition was
the use, appropriation, reproduction and/or exhibition of his name, or picture, or that of any member docketed as G.R. No. L-82380.
of his family in any cinema or television production, film or other medium for advertising or
commercial exploitation" and further advised petitioners that 'in the production, airing, showing, A day later, or on 23 March 1988, petitiioner Hal McElroy also filed separate Petition for certiorari with
distribution or exhibition of said or similar film, no reference whatsoever (whether written, verbal or Urgent Prayer for a Restraining Order or Preliminary Injunction, dated 22 March 1988, docketed as G.R.
visual) should not be made to [him] or any member of his family, much less to any matter purely No. L-82398.
personal to them.

By a Resolution dated 24 March 1988, the petitions were consolidated and private respondent was
It appears that petitioners acceded to this demand and the name of private respondent Enrile was required to file a consolidated Answer. Further, in the same Resolution, the Court granted a Temporary
deleted from the movie script, and petitioners proceeded to film the projected motion picture. Restraining Order partially enjoining the implementation of the respondent Judge's Order of 16 March
1988 and the Writ of Preliminary Injunction issued therein, and allowing the petitioners to resume
On 23 February 1988, private respondent filed a Complaint with application for Temporary Restraining producing and filming those portions of the projected mini-series which do not make any reference to
Order and Wilt of Pretion with the Regional Trial Court of Makati, docketed as Civil Case No. 88-151 in private respondent or his family or to any fictitious character based on or respondent.
Branch 134 thereof, seeking to enjoin petitioners from producing the movie "The Four Day Revolution".
The complaint alleged that petitioners' production of the mini-series without private respondent's Private respondent seasonably filed his Consolidated Answer on 6 April 1988 invoking in the main a
consent and over his objection, constitutes an obvious violation of his right of privacy. On 24 February right of privacy.
I Lagunzad v. Vda. de Gonzales, 10 on which private respondent relies heavily, recognized a right to
privacy in a context which included a claim to freedom of speech and of
The constitutional and legal issues raised by the present Petitions are sharply drawn. Petitioners' claim expression. Lagunzad involved a suit fortion picture producer as licensee and the widow and family of
that in producing and "The Four Day Revolution," they are exercising their freedom of speech and of the late Moises Padilla as licensors. This agreement gave the licensee the right to produce a motion
expression protected under our Constitution. Private respondent, upon the other hand, asserts a right Picture Portraying the life of Moises Padilla, a mayoralty candidate of the Nacionalista Party for the
of privacy and claims that the production and filming of the projected mini-series would constitute an Municipality of Magallon, Negros Occidental during the November 1951 elections and for whose
unlawful intrusion into his privacy which he is entitled to enjoy. murder, Governor Rafael Lacson, a member of the Liberal Party then in power and his men were tried
and convicted. 11 In the judgment of the lower court enforcing the licensing agreement against the
licensee who had produced the motion picture and exhibited it but refused to pay the stipulated
Considering first petitioners' claim to freedom of speech and of expression the Court would once more
royalties, the Court, through Justice Melencio-Herrera, said:
stress that this freedom includes the freedom to film and produce motion pictures and to exhibit such
motion pictures in theaters or to diffuse them through television. In our day and age, motion pictures
are a univesally utilized vehicle of communication and medium Of expression. Along with the press, Neither do we agree with petitioner's subon that the Licensing Agreement is null and
radio and television, motion pictures constitute a principal medium of mass communication for void for lack of, or for having an illegal cause or consideration, while it is true that
information, education and entertainment. In Gonzales v. Katigbak, 3 former Chief Justice Fernando, petitioner bad pled the rights to the book entitled "The Moises Padilla Story," that
speaking for the Court, explained: did not dispense with the need for prior consent and authority from the deceased
heirs to portray publicly episodes in said deceased's life and in that of his mother
and the member of his family. As held in Schuyler v. Curtis, ([1895],147 NY 434,42
1. Motion pictures are important both as a medium for the communication of Ideas
NE 31 LRA 286.49 Am St Rep 671), 'a privilege may be given the surviving relatives
and the expression of the artistic impulse. Their effect on the perception by our
of a deperson to protect his memory, but the privilege wts for the benefit of the
people of issues and public officials or public figures as well as the pre cultural traits
living, to protect their feelings and to preventa violation of their own rights in the
is considerable. Nor as pointed out inBurstyn v. Wilson (343 US 495 [19421) is the
character and memory of the deceased.'
Importance of motion pictures as an organ of public opinion lessened by the fact
that they are designed to entertain as well as to inform' (Ibid, 501). There is no clear
dividing line between what involves knowledge and what affords pleasure. If such a Petitioners averment that private respondent did not have any property right over
distinction were sustained, there is a diminution of the basic right to free expression. the life of Moises Padilla since the latter was a public figure, is neither well taken.
... 4 Being a public figure ipso facto does not automatically destroy in toto a person's
right to privacy. The right to invade a person's privacy to disseminate public
information does not extend to a fictional or novelized representation of a person, no
This freedom is available in our country both to locally-owned and to foreign-owned motion picture
matter how public a he or she may be (Garner v. Triangle Publications, DCNY 97 F.
companies. Furthermore the circumstance that the production of motion picture films is a commercial
Supp., SU 549 [1951]). In the case at bar, while it is true that petitioner exerted
activity expected to yield monetary profit, is not a disqualification for availing of freedom of speech
efforts to present a true-to-life Story Of Moises Padilla, petitioner admits that he
and of expression. In our community as in many other countries, media facilities are owned either by
included a little romance in the film because without it, it would be a drab story of
the government or the private sector but the private sector-owned media facilities commonly require
torture and brutality. 12
to be sustained by being devoted in whole or in pailt to revenue producing activities. Indeed,
commercial media constitute the bulk of such facilities available in our country and hence to exclude
commercially owned and operated media from the exerciseof constitutionally protected om of speech In Lagunzad, the Court had need, as we have in the instant case, to deal with contraposed claims to
and of expression can only result in the drastic contraction of such constitutional liberties in our freedom of speech and of expression and to privacy. Lagunzad the licensee in effect claimed, in the
country. name of freedom of speech and expression, a right to produce a motion picture biography at least
partly "fictionalized" of Moises Padilla without the consent of and without paying pre-agreed royalties
to the widow and family of Padilla. In rejecting the licensee's claim, the Court said:
The counter-balancing of private respondent is to a right of privacy. It was demonstrated sometime
ago by the then Dean Irene R. Cortes that our law, constitutional and statutory, does include a right of
privacy. 5 It is left to case law, however, to mark out the precise scope and content of this right in Lastly, neither do we find merit in petitioners contention that the Licensing
differing types of particular situations. The right of privacy or "the right to be let alone," 6 like the right Agreement infringes on the constitutional right of freedom of speech and of the
of free expression, is not an absolute right. A limited intrusion into a person's privacy has long been press, in that, as a citizen and as a newspaperman, he had the right to express his
regarded as permissible where that person is a public figure and the information sought to be elicited thoughts in film on the public life of Moises Padilla without prior restraint.The right
from him or to be published about him constitute of apublic character. 7 Succinctly put, the right of freedom of expression, indeed, occupies a preferred position in the "hierarchy of civil
privacy cannot be invoked resist publication and dissemination of matters of public interest. 8 The liberties" (Philippine Blooming Mills Employees Organization v. Philippine Blooming
interest sought to be protected by the right of privacy is the right to be free Mills Co., Inc., 51 SCRA 191 [1963]). It is not, however, without limitations. As held in
from unwarranted publicity, from the wrongful publicizing of the private affairs and activities of an Gonzales v. Commission on Elections, 27 SCRA 835, 858 [1960]:
individual which are outside the realm of legitimate public concern. 9
xxx xxx xxx Unlike in Lagunzad, which concerned the life story of Moises Padilla necessarily including at least his
immediate family, what we have here is not a film biography, more or less fictionalized, of private
The prevailing doctine is that the clear and present danger rule is such a limitation. respondent Ponce Enrile. "The Four Day Revolution" is not principally about, nor is it focused upon, the
Another criterion for permissible limitation on freedom of speech and the press, man Juan Ponce Enrile' but it is compelled, if it is to be historical, to refer to the role played by Juan
which includes such vehicles of the mass media as radio, television and the movies, Ponce Enrile in the precipitating and the constituent events of the change of government in February
is the "balancing of interest test" (Chief Justice Enrique M. Fernando on the Bill of 1986.
Rights, 1970 ed. p. 79). The principle "requires a court to take conscious and
detailed consideration of the interplay of interests observable in given situation or 3. The extent of the instrusion upon the life of private respondent Juan Ponce Enrile that would be
type of situation" (Separation Opinion of the late Chief Justice Castro in Gonzales v. entailed by the production and exhibition of "The Four Day Revolution" would, therefore, be limited in
Commission on Elections, supra, p. 899). character. The extent of that intrusion, as this Court understands the synopsis of the proposed film,
may be generally described as such intrusion as is reasonably necessary to keep that film a truthful
In the case at bar, the interests observable are the right to privacy asserted by historical account. Private respondent does not claim that petitioners threatened to depict in "The Four
respondent and the right of freedom of expression invoked by petitioner. taking into Day Revolution" any part of the private life of private respondent or that of any member of his family.
account the interplay of those interests, we hold that under the particular
circumstances presented, and considering the obligations assumed in the Licensing 4. At all relevant times, during which the momentous events, clearly of public concern, that petitioners
Agreement entered into by petitioner, the validity of such agreement will have to be propose to film were taking place, private respondent was what Profs. Prosser and Keeton have
upheld particularly because the limits of freedom of expression are reached when referred to as a "public figure:"
expression touches upon matters of essentially private concern." 13
A public figure has been defined as a person who, by his accomplishments, fame, or
Whether the "balancing of interests test" or the clear and present danger test" be applied in respect of mode of living, or by adopting a profession or calling which gives the public a
the instant Petitions, the Court believes that a different conclusion must here be reached: The legitimate interest in his doings, his affairs, and his character, has become a 'public
production and filming by petitioners of the projected motion picture "The Four Day Revolution" does personage.' He is, in other words, a celebrity. Obviously to be included in this
not, in the circumstances of this case, constitute an unlawful intrusion upon private respondent's category are those who have achieved some degree of reputation by appearing
"right of privacy." before the public, as in the case of an actor, a professional baseball player, a
pugilist, or any other entertainment. The list is, however, broader than this. It
1. It may be observed at the outset that what is involved in the instant case is a prior and direct includes public officers, famous inventors and explorers, war heroes and even
restraint on the part of the respondent Judge upon the exercise of speech and of expression by ordinary soldiers, an infant prodigy, and no less a personage than the Grand Exalted
petitioners. The respondent Judge has restrained petitioners from filming and producing the entire Ruler of a lodge. It includes, in short, anyone who has arrived at a position where
proposed motion picture. It is important to note that in Lagunzad, there was no prior restrain of any public attention is focused upon him as a person.
kind imposed upon the movie producer who in fact completed and exhibited the film biography of
Moises Padilla. Because of the speech and of expression, a weighty presumption of invalidity Such public figures were held to have lost, to some extent at least, their tight to
vitiates. 14 The invalidity of a measure of prior restraint doesnot, of course, mean that no subsequent privacy. Three reasons were given, more or less indiscrimately, in the decisions" that
liability may lawfully be imposed upon a person claiming to exercise such constitutional freedoms. The they had sought publicity and consented to it, and so could not complaint when they
respondent Judge should have stayed his hand, instead of issuing an ex-parte Temporary Restraining received it; that their personalities and their affairs has already public, and could no
Order one day after filing of a complaint by the private respondent and issuing a Preliminary Injunction longer be regarded as their own private business; and that the press had a privilege,
twenty (20) days later; for the projected motion picture was as yet uncompleted and hence not under the Constitution, to inform the public about those who have become
exhibited to any audience. Neither private respondent nor the respondent trial Judge knew what the legitimate matters of public interest. On one or another of these grounds, and
completed film would precisely look like. There was, in other words, no "clear and present danger" of sometimes all, it was held that there was no liability when they were given
any violation of any right to privacy that private respondent could lawfully assert. additional publicity, as to matters legitimately within the scope of the public interest
they had aroused.
2. The subject matter of "The Four Day Revolution" relates to the non-bloody change of government
that took place at Epifanio de los Santos Avenue in February 1986, and the trian of events which led The privilege of giving publicity to news, and other matters of public interest, was
up to that denouement. Clearly, such subject matter is one of public interest and concern. Indeed, it is, held to arise out of the desire and the right of the public to know what is going on in
petitioners' argue, of international interest. The subject thus relates to a highly critical stage in the the world, and the freedom of the press and other agencies of information to tell
history of this countryand as such, must be regarded as having passed into the public domain and as it. "News" includes all events and items of information which are out of the ordinary
an appropriate subject for speech and expression and coverage by any form of mass media. The hum-drum routine, and which have 'that indefinable quality of information which
subject mater, as set out in the synopsis provided by the petitioners and quoted above, does not arouses public attention.' To a very great extent the press, with its experience or
relate to the individual life and certainly not to the private life of private respondent Ponce Enrile. instinct as to what its readers will want, has succeeded in making its own
definination of news, as a glance at any morning newspaper will sufficiently indicate. Productions, in a separate Manifestation dated 4 April 1988, brought to the attention of the Court the
It includes homicide and othe crimes, arrests and police raides, suicides, marriages same information given by petitoner Hal McElroy, reiterating that the complaint of Gregorio B.
and divorces, accidents, a death from the use of narcotics, a woman with a rare Honasan was substantially identical to that filed by private respondent herein and stating that in
disease, the birth of a child to a twelve year old girl, the reappearance of one refusing to join Honasan in Civil Case No. 88-151, counsel for private respondent, with whom counsel
supposed to have been murdered years ago, and undoubtedly many other similar for Gregorio Honasan are apparently associated, deliberately engaged in "forum shopping."
matters of genuine, if more or less deplorable, popular appeal.
Private respondent filed a Counter-Manifestation on 13 April 1988 stating that the "slight similarity"
The privilege of enlightening the public was not, however, limited, to the between private respondent's complaint and that on Honasan in the construction of their legal basis of
dissemination of news in the scene of current events. It extended also to the right to privacy as a component of the cause of action is understandable considering that court
information or education, or even entertainment and amusement, by books, articles, pleadings are public records; that private respondent's cause of action for invasion of privacy is
pictures, films and broadcasts concerning interesting phases of human activity in separate and distinct from that of Honasan's although they arose from the same tortious act of
general, as well as the reproduction of the public scene in newsreels and petitioners' that the rule on permissive joinder of parties is not mandatory and that, the cited cases on
travelogues. In determining where to draw the line, the courts were invited to "forum shopping" were not in point because the parties here and those in Civil Case No. 88-413 are
exercise a species of censorship over what the public may be permitted to read; and not identical.
they were understandably liberal in allowing the benefit of the doubt. 15
For reasons that by now have become clear, it is not necessary for the Court to deal with the question
Private respondent is a "public figure" precisely because, inter alia, of his participation as a principal of whether or not the lawyers of private respondent Ponce Enrile have engaged in "forum shopping." It
actor in the culminating events of the change of government in February 1986. Because his is, however, important to dispose to the complaint filed by former Colonel Honasan who, having
participation therein was major in character, a film reenactment of the peaceful revolution that fails to refused to subject himself to the legal processes of the Republic and having become once again in
make reference to the role played by private respondent would be grossly unhistorical. The right of fugitive from justice, must be deemed to have forfeited any right the might have had to protect his
privacy of a "public figure" is necessarily narrower than that of an ordinary citizen. Private respondent privacy through court processes.
has not retired into the seclusion of simple private citizenship. he continues to be a "public figure."
After a successful political campaign during which his participation in the EDSA Revolution was directly WHEREFORE,
or indirectly referred to in the press, radio and television, he sits in a very public place, the Senate of
the Philippines.
a) the Petitions for Certiorari are GRANTED DUE COURSE, and the Order dated 16 March 1988 of
respondent trial court granting a Writ of Preliminary Injunction is hereby SET ASIDE. The limited
5. The line of equilibrium in the specific context of the instant case between the constitutional freedom Temporary Restraining Order granted by this Court on 24 March 1988 is hereby MODIFIED by enjoining
of speech and of expression and the right of privacy, may be marked out in terms of a requirement unqualifiedly the implementation of respondent Judge's Order of 16 March 1988 and made
that the proposed motion picture must be fairly truthful and historical in its presentation of events. PERMANENT, and
There must, in other words, be no knowing or reckless disregard of truth in depicting the participation
of private respondent in the EDSA Revolution. 16 There must, further, be no presentation of the
b) Treating the Manifestations of petitioners dated 30 March 1988 and 4 April 1988 as separate
private life of the unwilling private respondent and certainly no revelation of intimate or embarrassing
Petitions for Certiorari with Prayer for Preliminary Injunction or Restraining Order, the Court, in the
personal facts. 17 The proposed motion picture should not enter into what Mme. Justice Melencio-
exercise of its plenary and supervisory jurisdiction, hereby REQUIRES Judge Teofilo Guadiz of the
Herrera in Lagunzad referred to as "matters of essentially private concern." 18 To the extent that "The
Regional Trial Court of Makati, Branch 147, forthwith to DISMISS Civil Case No. 88-413 and accordingly
Four Day Revolution" limits itself in portraying the participation of private respondent in the EDSA
to SET ASIDE and DISSOLVE his Temporary Restraining Order dated 25 March 1988 and any
Revolution to those events which are directly and reasonably related to the public facts of the EDSA
Preliminary Injunction that may have been issued by him.
Revolution, the intrusion into private respondent's privacy cannot be regarded as unreasonable and
actionable. Such portrayal may be carried out even without a license from private respondent.
No pronouncement as to costs.
II
SO ORDERED.
In a Manifestation dated 30 March 1988, petitioner Hal McElroy informed this Court that a Temporary
Restraining Order dated 25 March 1988, was issued by Judge Teofilo Guadiz of the Regional Trial Court
of Makati, Branch 147, in Civil Case No. 88-413, entitled "Gregorio B. Honasan vs. Ayer Productions Pty.
Ltd., McElroy Film Productions, Hal McElroy, Lope Juban and PMP Motion for Pictures Production"
enjoining him and his production company from further filimg any scene of the projected mini-series
film. Petitioner alleged that Honasan's complaint was a "scissors and paste" pleading, cut out straight
grom the complaint of private respondent Ponce Enrile in Civil Case No. 88-151. Petitioner Ayer
thereof, Florence "Bing" Concepcion, who also resided in the same compound where the apartment
was located. Nestor Nicolas was then engaged in the business of supplying government agencies and
private entities with office equipment, appliances and other fixtures on a cash purchase or credit
basis. Florence Concepcion joined this venture by contributing capital on condition that after her
capital investment was returned to her, any profit earned would be divided equally between her and
Nestor.

Sometime in the second week of July 1985 Rodrigo Concepcion, brother of the deceased husband of
Florence, angrily accosted Nestor at the latter's apartment and accused him of conducting an
adulterous relationship with Florence. He shouted, "Hoy Nestor, kabit ka ni Bing! . . . Binigyan ka pa
pala ni Bing Concepcion ng P100,000.00 para umakyat ng Baguio. Pagkaakyat mo at ng asawa mo
doon ay bababa ka uli para magkasarilinan kayo ni Bing."1

To clarify matters, Nestor went with Rodrigo, upon the latter's dare, to see some relatives of the
Concepcion family who allegedly knew about the relationship. However, those whom they were able to
see denied knowledge of the alleged affair. The same accusation was hurled by Rodrigo against Nestor
when the two (2) confronted Florence at the terrace of her residence. Florence denied the imputations
and Rodrigo backtracked saying that he just heard the rumor from a relative. Thereafter, however,
Rodrigo called Florence over the telephone reiterating his accusation and threatening her that should
something happen to his sick mother, in case the latter learned about the affair, he would kill
Florence.1wphi1.nt

As a result of this incident, Nestor Nicolas felt extreme embarrassment and shame to the extent that
he could no longer face his neighbors. Florence Concepcion also ceased to do business with him by
not contributing capital anymore so much so that the business venture of the Nicolas spouses declined
as they could no longer cope with their commitments to their clients and customers. To make matters
worse, Allem Nicolas started to doubt Nestor's fidelity resulting in frequent bickerings and quarrels
during which Allem even expressed her desire to leave her husband. Consequently, Nestor was forced
to write Rodrigo demanding public apology and payment of damages. Rodrigo pointedly ignored the
G.R. No. 120706 January 31, 2000 demand, for which reason the Nicolas spouses filed a civil suit against him for damages.

RODRIGO CONCEPCION, petitioner, In his defense, Rodrigo denied that he maligned Nestor by accusing him publicly of being Florence's
vs. lover. He reasoned out that he only desired to protect the name and reputation of the Concepcion
COURT OF APPEALS and SPS. NESTOR NICOLAS and ALLEM NICOLAS, respondents. family which was why he sought an appointment with Nestor through Florence's son Roncali to
ventilate his feelings about the matter. Initially, he discussed with Nestor certain aspects of the joint
venture in a friendly and amiable manner, and then only casually asked the latter about his rumored
affair with his sister-in-law.

BELLOSILLO, J.:
In contesting the decision of the appellate court, petitioner Rodrigo Concepcion raises the following
issues: (a) whether there is basis in law for the award of damages to private respondents, the Nicolas
Petitioner Rodrigo Concepcion assails in this petition for review on certiorari the Decision of the Court spouses; and, (b) whether there is basis to review the facts which are of weight and influence but
of Appeals dated 12 December 1994 which affirmed the decision of the Regional Trial Court of Pasig which were overlooked and misapplied by the respondent appellate court.
City ordering him to pay respondent spouses Nestor Nicolas and Allem Nicolas the sums of P50,000.00
for moral damages, P25,000.00 for exemplary damages and P10,000.00 for attorney's fees, plus the
costs of suit.* Petitioner claims absence of factual and legal basis for the award of damages. Petitioner argues that in awarding damages to private respondents, the Court of Appeals was without
legal basis to justify its verdict. The alleged act imputed to him by respondent spouses does not fall
under Arts. 262 and 22193 of the Civil Code since it does not constitute libel, slander, or any other form
The courts a quo found that sometime in 1985 the spouses Nestor Nicolas and Allem Nicolas resided of defamation. Neither does it involve prying into the privacy of another's residence or meddling with
at No. 51 M. Concepcion St., San Joaquin, Pasig City, in an apartment leased to them by the owner or disturbing the private life or family relation of another. Petitioner also insists that certain facts and
circumstances of the case were manifestly overlooked, misunderstood or glossed over by respondent some friends and neighbors, and later on, with the accusation being repeated in the presence of
court which, if considered, would change the verdict. Impugning the credibility of the witnesses for Florence, at the terrace of her house. That this finding appears to be in conflict with the allegation in
private respondents and the manner by which the testimonial evidence was analyzed and evaluated the complaint as to the time of the incident bears no momentous significance since an allegation in a
by the trial court, petitioner criticized the appellate court for not taking into account the fact that the pleading is not evidence; it is a declaration that has to be proved by evidence. If evidence contrary to
trial judge who penned the decision was in no position to observe first-hand the demeanor of the the allegation is presented, such evidence controls, not the allegation in the pleading itself, although
witnesses of respondent spouses as he was not the original judge who heard the case. Thus, his admittedly it may dent the credibility of the witnesses. But not in the instant case.
decision rendered was flawed.
It is also argued by petitioner that private respondents failed to present as witnesses the persons they
The Court has ruled often enough that its jurisdiction in a petition for review on certiorari under Rule named as eyewitnesses to the incident and that they presented instead one Romeo Villaruel who was
45 of the Revised Rules of Court is limited to reviewing only errors of law, not of fact, unless the not named as a possible witness during the pre-trial proceedings. Charging that Villaruel's testimony is
factual findings complained of are devoid of support by the evidence on record or the assailed not credible and should never have been accorded any weight at all, petitioner capitalizes on the fact
judgment is based on misapprehension of facts. 4 The reason behind this is that the Supreme Court that a great distance separates Villaruel's residence and that of private respondents as reflected in
respects the findings of the trial court on the issue of credibility of witnesses, considering that it is in a their house numbers, the former's number being No. 223 M. Concepcion St., while that of the Nicolas
better position to decide the question, having heard the witnesses themselves and observed their spouses, No. 51 along the same street. This being so, petitioner concludes, Villaruel could not have
deportment and manner of testifying during the trial.5 Thus it accords the highest respect, even witnessed the ugly confrontation between Rodrigo and Nestor. It appears however from Villaruel's
finality, to the evaluation made by the lower court of the testimonies of the witnesses presented testimony that at the time of the incident complained of, he was staying in an apartment inside the
before it. compound adjacent to that of the Nicolas spouses. Whether his apartment was then numbered 223 is
not stated. What is definite and clear is his statement that he and Nestor Nicolas were neighbors on
The Court is also aware of the long settled rule that when the issue is on the credibility of witnesses, 14 July 1985.
appellate courts will not generally disturb the findings of the trial court; however, its factual findings
may nonetheless be reversed if by the evidence on record or lack of it, it appears that the trial court There are other inconsistencies pointed out by petitioner in the testimonial evidence of private
erred.6 In this respect, the Court is not generally inclined to review the findings of fact of the Court of respondents but these are not of such significance as to alter the finding of facts of the lower court.
Appeals unless its findings are erroneous, absurd, speculative, conjectural, conflicting, tainted with Minor inconsistencies even guarantee truthfulness and candor, for they erase any suspicion of a
grave abuse of discretion, or contrary to the findings culled by the trial court of origin. 7 This rule of rehearsed testimony.9 Inconsistencies in the testimonies of witnesses with on minor details and
course cannot be unqualifiedly applied to a case where the judge who penned the decision was not collateral matters do not affect the substance of their testimonies. 10
the one who heard the case, because not having heard the testimonies himself, the judge would not
be in a better position than the appellate courts to make such determination. 8 All told, these factual findings provide enough basis in law for the award of damages by the Court of
Appeals in favor of respondents. We reject petitioner's posture that no legal provision supports such
However, it is also axiomatic that the fact alone that the judge who heard the evidence was not the award, the incident complained of neither falling under Art. 2219 nor Art. 26 of the Civil Code. It does
one who rendered the judgment but merely relied on the record of the case does not render his not need further elucidation that the incident charged of petitioner was no less than an invasion on
judgment erroneous or irregular. This is so even if the judge did not have the fullest opportunity to the right of respondent Nestor as a person. The philosophy behind Art. 26 underscores the necessity
weigh the testimonies not having heard all the witnesses speak nor observed their deportment and for its inclusion in our civil law. The Code Commission stressed in no uncertain terms that the human
manner of testifying. Thus the Court generally will not find any misapprehension of facts as it can be personality must be exalted. The sacredness of human personality is a concomitant consideration of
fairly assumed under the principle of regularity of performance of duties of public officers that the every plan for human amelioration. The touchstone of every system of law, of the culture and
transcripts of stenographic notes were thoroughly scrutinized and evaluated by the judge himself. civilization of every country, is how far it dignifies man. If the statutes insufficiently protect a person
from being unjustly humiliated, in short, if human personality is not exalted then the laws are
Has sufficient reason then been laid before us by petitioner to engender doubt as to the factual indeed defective.11 Thus, under this article, the rights of persons are amply protected, and damages
findings of the court a quo? We find none. A painstaking review of the evidence on record convinces us are provided for violations of a person's dignity, personality, privacy and peace of mind.
not to disturb the judgment appealed from. The fact that the case was handled by different judges
brooks no consideration at all, for preponderant evidence consistent with their claim for damages has It is petitioner's position that the act imputed to him does not constitute any of those enumerated in
been adduced by private respondents as to foreclose a reversal. Otherwise, everytime a Judge who Arts 26 and 2219. In this respect, the law is clear. The violations mentioned in the codal provisions are
heard a case, wholly or partially, dies or lives the service, the case cannot be decided and a new trial not exclusive but are merely examples and do not preclude other similar or analogous acts. Damages
will have to be conducted. That would be absurb; inconceivable. therefore are allowable for actions against a person's dignity, such as profane, insulting, humiliating,
scandalous or abusive language.12Under Art. 2217 of the Civil Code, moral damages which include
According to petitioner, private respondents' evidence is inconsistent as to time, place and persons physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings,
who heard the alleged defamatory statement. We find this to be a gratuitous observation, for the moral shock, social humiliation, and similar injury, although incapable of pecuniary computation, may
testimonies of all the witnesses for the respondents are unanimous that the defamatory incident be recovered if they are the proximate result of the defendant's wrongful act or omission.
happened in the afternoon at the front door of the apartment of the Nicolas spouses in the presence of
There is no question that private respondent Nestor Nicolas suffered mental anguish, besmirched that he could no longer show himself in his neighborhood without feeling distraught and debased. This
reputation, wounded feelings and social humiliation as a proximate result of petitioner's abusive, brought dissension and distrust in his family where before there was none. This is why a few days after
scandalous and insulting language. Petitioner attempted to exculpate himself by claiming that he the incident, he communicated with petitioner demanding public apology and payment of damages,
made an appointment to see Nestor through a nephew, Roncali, the son of Florence, so he could talk which petitioner ignored.
with Nestor to find out the truth about his rumored illicit relationship with Florence. He said that he
wanted to protect his nephews and nieces and the name of his late brother (Florence's If indeed the confrontation as described by private respondents did not actually happen, then there
husband).13 How he could be convinced by some way other than a denial by Nestor, and how he would would have been no cause or motive at all for them to consult with their lawyer, immediately demand
protect his nephews and nieces and his family's name if the rumor were true, he did not say. Petitioner an apology, and not obtaining a response from petitioner, file an action for damages against the latter.
admitted that he had already talked with Florence herself over the telephone about the issue, with the That they decided to go to court to seek redress bespeaks of the validity of their claim. On the other
latter vehemently denying the alleged immoral relationship. Yet, he could not let the matter rest on hand, it is interesting to note that while explaining at great length why Florence Concepcion testified
the strength of the denial of his sister-in-law. He had to go and confront Nestor, even in public, to the against him, petitioner never advanced any reason why the Nicolas spouses, persons he never knew
latter's humiliation. and with whom he had no dealings in the past, would sue him for damages. It also has not escaped
our attention that, faced with a lawsuit by private respondents, petitioner sent his lawyer, a certain
Testifying that until that very afternoon of his meeting with Nestor he never knew respondent, had Atty. Causapin, to talk not to the Nicolas spouses but to Florence, asking her not to be involved in the
never seen him before, and was unaware of his business partnership with Florence, his subsequent case, otherwise her name would be messily dragged into it. Quite succinctly, Florence told the lawyer
declarations on the witness stand however belie this lack of knowledge about the business venture for that it was not for her to decide and that she could not do anything about it as she was not a party to
in that alleged encounter he asked Nestor how the business was going, what were the collection the court case.1wphi1.nt
problems, and how was the money being spent. He even knew that the name of the business, Floral
Enterprises, was coined by combining the first syllables of the name Florence and Allem, the name of WHEREFORE, in light of the foregoing premises, the assailed Decision of the Court of Appeals affirming
Nestor's wife. He said that he casually asked Nestor about the rumor between him and Florence which the judgment of the Regional Trial Court of Pasig City, Br. 167, holding Rodrigo Concepcion liable to the
Nestor denied. Not content with such denial, he dared Nestor to go with him to speak to his relatives spouses Nestor Nicolas and Allem Nicolas for F50,000.00 as moral damages, P25,000.00 for exemplary
who were the source of his information. Nestor went with him and those they were able to talk to damages, P10,000.00 for attorney's fees, plus costs of suit, is AFFIRMED.
denied the rumor.

SO ORDERED.
We cannot help noting this inordinate interest of petitioner to know the truth about the rumor and why
he was not satisfied with the separate denials made by Florence and Nestor. He had to confront Nestor
Mendoza, Quisumbing, Buena and De Leon, Jr., JJ., concur.
face to face, invade the latter's privacy and hurl defamatory words at him in the presence of his wife
and children, neighbors and friends, accusing him a married man of having an adulterous
relationship with Florence. This definitely caused private respondent much shame and embarrassment