Case Summary (G.R. No. 202666)
Key Dates
January 2012 – Minors take undergarment photos at a beach party and upload to Facebook.
March 1, 2012 – STC disciplines involved students by barring them from graduation.
March 23–28, 2012 – Petition for injunction filed; RTC issues TRO and STC defies it.
March 2012 – Petition for writ of habeas data filed before RTC (SP. Proc. No. 19251-CEB).
July 5, 2012 – RTC issues writ of habeas data.
July 27, 2012 – RTC dismisses petition.
September 29, 2014 – Supreme Court decision affirming dismissal.
Applicable Law
1987 Constitution – Right to privacy under Article III, Section 3.
Rule on the Writ of Habeas Data (A.M. No. 08-1-16-SC):
• Section 1 – Availability of writ against unlawful acts collecting or storing personal data.
• Section 2 – Any aggrieved party may file; not limited to extralegal killings or disappearances.
Rules of Court, Rule 45 – Petition for review on certiorari to the Supreme Court.
Factual Background
Minor students Julia and Julienne Suzara, graduating from STC, along with Angela Tan and others, photographed themselves in undergarments before a party. Angela uploaded these images to Facebook. Escudero learned of them, asked her students—who were Facebook friends of the minors—to log into their accounts on school computers, accessed and saved the photos, then showed them to STC officials. STC found the students violated its handbook and barred them from graduation.
Procedural History
Angela’s mother filed an injunction (Civil Case No. CEB-38594) to allow her daughter to graduate. STC obtained a TRO but refused compliance, citing pending reconsideration. Petitioners then filed for a writ of habeas data. RTC issued the writ, respondents returned, and the court dismissed the petition for failure to prove an actual or threatened privacy violation and on the ground that Facebook posts are not private if not adequately restricted.
Issues
- Whether petitioners properly invoked the writ of habeas data.
- Whether the minors had a reasonable expectation of privacy in their Facebook photos.
Writ Availability and Scope
The Supreme Court reaffirmed that under the Rule on the Writ of Habeas Data, any person aggrieved by violation or threat to privacy in life, liberty, or security may seek the writ against public or private entities engaged in gathering, collecting, or storing personal data. The writ is not confined to extralegal killings or disappearances and applies regardless of whether data-gathering is a business activity.
Right to Informational Privacy in OSNs
Informational privacy is the right to control personal data. Online Social Networks (OSNs) like Facebook operate to share information but offer privacy settings (Public, Friends of Friends, Friends, Custom, Only Me) enabling users to manifest intent to limit disclosure. A reasonable expectation of privacy arises when users employ such tools.
Analysis of Facebook Privacy Settings
Facebook’s privacy tools allow users to restrict access. A genuine zone of privacy requires affirmative use of settings that effectively limit visibility (e.g., Only Me or a narrowly defined Custom audience). Merely relying on “Friends Only” is insufficient because friends may share or tag third parties, expanding audience beyond the user’s control.
Application to the Case
• Petitioners failed to prove that the minors sel
Case Syllabus (G.R. No. 202666)
Procedural Posture
- Petition for review on certiorari under Rule 45 in relation to Section 19 of A.M. No. 08-1-16-SC (Rule on the Writ of Habeas Data).
- Petitioners assail the RTC, Branch 14, Cebu City Decision dated July 27, 2012 (SP. Proc. No. 19251-CEB) dismissing their habeas data petition.
- Petitioners elevated the case to the Supreme Court after the writ’s denial and dismissal below.
Facts of the Case
- Julia Daluz and Julienne Suzara, minor graduating students of St. Theresa’s College (STC), took digital photos of themselves in brassieres during a pre-party swimsuit change; Angela Tan uploaded them on Facebook.
- Teacher Mylene Rheza T. Escudero learned of the photos, asked her students to identify the girls, and viewed the images via the students’ own Facebook accounts on STC computers.
- Escudero’s students claimed some photos had “Public” settings; the teacher reported to Discipline-in-Charge Kristine Tigol by showing the images through a student’s Facebook page.
- STC’s investigation found violations of the Student Handbook (alcohol, smoking, indecent apparel, online posting of revealing photos) and barred the minors from graduation.
- Angela’s mother secured a TRO in Civil Case No. CEB-38594 allowing attendance; STC defied it, citing an unresolved motion for reconsideration.
- Petitioners filed a Petition for Writ of Habeas Data in SP. Proc. No. 19251-CEB to recover and suppress unlawfully obtained digital images and data.
Trial Court’s Disposition
- RTC issued the writ of habeas data but, after hearing, dismissed the petition.
- Held petitioners failed to prove an actual or threatened violation of the minors’ right to privacy.
- Noted photos were uploaded without effective restrictions and gathered lawfully by STC for disciplinary purposes.
Issues on Appeal
- Whether pe