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May a person as…

March 2, 2012

May a person ask for the striking off of his name on a decision rendered by the Supreme Court including other repositories where such case had been published e.g. scra, lawphil, by invoking his right to privacy under Article 3 of the Bill of Rights?

It would depend on the circumstances surrounding the case and the decision of the court of quasi-judicial body.

The answer would be no if the matter on hand would constitute public concern like public safety, morals, order or if the penalty that was imposed is one which removes all civil liberties like reclusion perpetua. Any person accused of any crime with such penalties and circumstances would pose a threat to the peaceful habitation of other people. It is the right of the public to be aware and made aware of persons who have committed or have been involved in crimes which would concern their safety.

On the other hand, the answer would be yes if the matter on hand does not constitute public concern and the public is not placed at a grave danger if the name of the person is stricken off the records.

Decisions of the Supreme Court shall form part of the laws of the land. Laws were made to safeguard the rights of man and if the striking off of any name from the records would jeopardize the rights of the public, then such striking off is unconstitutional.


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