Professional Documents
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Privacy
September 21, 2014 by The Lawyer's Post
G.R. No. 179736, June 26, 2013, SPOUSES BILL AND VICTORIA HING,
PETITIONERS, VS. ALEXANDER CHOACHUY, SR. AND ALLAN CHOACHUY,
RESPONDENTS.
In this day and age, video surveillance cameras are installed practically
everywhere for the protection and safety of everyone. The installation of these
cameras, however, should not cover places where there is reasonable
expectation of privacy, unless the consent of the individual, whose right to
privacy would be affected, was obtained
Bill and Victoria, spouses, filed a Complaint for Injunction and Damages with
prayer for issuance of a Writ of Preliminary Injunction against Alexander and
Allan. According to them, they own the lot adjacent to the lots owned by Aldo
Development and Resources, where Alex and Allan are stockholders. The
corporation built an auto-shop building on Lot 1900-C adjacent to the lot owned
by Bill and Victoria. In April, 2005, Aldo filed a case for injunction and damages
against Bill and Victoria claiming that they were constructing a fence without a
valid permit and the construction would destroy its building. The court denied
the application by Aldo for preliminary injunction for failure to substantiate its
allegations. To gather evidence against the spouses, Aldo illegally set-up on the
building of Aldo two video surveillance camera facing petitioners party and
through their employees and without the consent of spouses took pictures of
their on-going construction; thus it violates their right to privacy. The spouses
prayed that Alexander and Allan be ordered to remove their video-cameras and
stopped from conducting illegal surveillance.
Answering, Alexander and Allan claimed that they did not install the cameras,
nor ordered their employees to take pictures of the spouses construction; they
also averred that they are mere stockholders of Aldo;
The Regional Trial Court granted the prayer for temporary restraining order and
directed Alexander and Allan to remove their video cameras and install them
elsewhere where the spouses property will no longer be viewed.
Alexander and Allan filed a petition for certiorari with the Court of Appeals,
which granted their petition.
Bill and Victoria therefore elevated the case to the Supreme Court:
In this day and age, video surveillance cameras are installed practically
everywhere for the protection and safety of everyone. The installation of these
cameras, however, should not cover places where there is reasonable
expectation of privacy, unless the consent of the individual, whose right to
privacy would be affected, was obtained. Nor should these cameras be used to
pry into the privacy of anothers residence or business office as it would be no
different from eavesdropping, which is a crime under Republic Act No. 4200 or
the Anti-Wiretapping Law.
The concept of liberty would be emasculated if it does not likewise compel
respect for [ones] personality as a unique individual whose claim to privacy and
[non]-interference demands respect.