Professional Documents
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OPLE
v.
RUBEN D. TORRES, ALEXANDER AGUIRRE,
HECTOR VILLANUEVA, CIELITO
HABITO,ROBERT BARBERS, CARMENCITA
REODICA, CESAR SARINO, RENATO
VALENCIA, TOMAS P. AFRICA, HEADOF THE
NATIONAL COMPUTER CENTER and
CHAIRMAN OF THE COMMISSION ON AUDIT
Facts: The petition at bar is a commendable effort
on the part of Senator Blas F. Ople to prevent the
shrinking of the rightto privacy, which the revered
Mr. Justice Brandeis considered as "the most
comprehensive of rights and the rightmost valued
by civilized men." Petitioner Ople prays that we
invalidate Administrative Order No. 308
entitled"Adoption of a National Computerized
Identification Reference System" on two important
constitutional grounds:
:(1)it is a usurpation of the power
of Congress to legislate, and
(2)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 furthererosion.
A.O. No. 308 was published in four newspapers of
general circulation on January 22, 1997 and
January 23, 1997. On January 24, 1997, petitioner
filed the instant petition against respondents, then
Executive Secretary Ruben Torresand the heads of
the government agencies, who as members of the
Inter-Agency Coordinating Committee, arecharged
with the implementation of A.O. No. 308. On April 8,
1997, we issued a temporary restraining
orderenjoining its implementation.
Issue:
WON the petitioner has the stand to assail the
validity of A.O. No. 308
Ruling:
YES , As is usual in constitutional litigation,
respondents raise the threshold issues relating to
the standing to sue of thepetitioner and the
justiciability of the case at bar. More specifically,
respondents aver that petitioner has no legalinterest
to uphold and that the implementing rules of A.O.
No. 308 have yet to be promulgated. These
Espuelas vs People
G.R. No. L-2990
December 17, 1951
Facts:
On June 9 and June 24, 1947, both dates
inclusive, in the town of Tagbilaran, Bohol,
Oscar Espuelas y Mendoza had his picture
taken, making it to appear as if he were
hanging lifeless at the end of a piece of rope
suspended form the limb of the tree, when
in truth and in fact, he was merely standing
on a barrel. After securing copies of his
photograph, Espuelas sent copies of same
to Free Press, the Evening News, the
Bisayas, Lamdang of general circulation
and other local periodicals in the Province of
Bohol but also throughout the Philippines
and abroad, for their publication with a
suicide note or letter, wherein he made to
appear that it was written by a fictitious
suicide, Alberto Reveniera and addressed
to the latter's supposed wife translation of
which letter or note, stating his dismay and
administration of President Roxas, pointing
out the situation in Central Luzon and Leyte,
and directing his wife his dear wife to write
to President Truman and Churchill of US
and tell them that in the Philippines the
government is infested with many Hitlers
and Mussolinis.
Issue:
Whether the accused is liable of seditious
libel under Art. 142 of the RPC against the
Government of the Philippines?
Held:
Yes. The accused must therefore be found
guilty as charged. And there being no
question as to the legality of the penalty
imposed on him, the decision will be
affirmed with costs.
1.
In the January 3, 1988 issue of the
Baguio Midland Courier (BMC), Cecille
Afable, the Editor-in-Chief, in her column In
and Out of Baguio made the following
comments:
4.
Labo claimed that the said articles
were tainted with malice because he was
allegedly described as Dumpty in the
Egg or one who is a failure in his
business which is false because he is a
very successful businessman or to mean
zero or a big lie; that he is a balasubas
due to his alleged failure to pay his medical
expenses;