Documenti di Didattica
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THERESE’S COLLEGE
GR No. 202666; 29 Sept 2014
FACTS:
Angela Tan, a high school student at St. Theresa’s College (STC), uploaded on Facebook several
pictures of her and her classmates (Nenita Daluz and Julienne Suzara) wearing only their undergarments.
Thereafter, some of their classmates reported said photos to their teacher, Mylene Escudero who showed
the said pictures to STC’s Discipline-in-Charge for appropriate action.
Later, STC found Tan et al to have violated the student’s handbook and banned them from “marching” in
their graduation ceremonies.
The issue went to court but despite a TRO (temporary restraining order) granted by the Cebu RTC
enjoining the school from barring the students in the graduation ceremonies, STC still barred said
students.
Subsequently, Rhonda Vivares, mother of Nenita, and the other mothers filed a petition for the issuance
of the writ of habeas data against the school. They argued, among others, that:
1. The privacy setting of their children’s Facebook accounts was set at “Friends Only.” They, thus, have a
reasonable expectation of privacy which must be respected.
2. The photos accessed belong to the girls and, thus, cannot be used and reproduced without their
consent. Escudero, however, violated their rights by saving digital copies of the photos and by
subsequently showing them to STC’s officials. Thus, the Facebook accounts of the children were intruded
upon;
3. The intrusion into the Facebook accounts, as well as the copying of information, data, and digital
images happened at STC’s Computer Laboratory;
They prayed that STC be ordered to surrender and deposit with the court all soft and printed copies of the
subject data and have such data be declared illegally obtained in violation of the children’s right to
privacy.
The Cebu RTC eventually denied the petition. Hence, this appeal.
ISSUE: Whether or not the petition for writ of habeas data is proper.