A Cebu City court dismissed the petition for habeas data filed by the parents of the students who were prohibited by St. Theresa鈥檚 College (STC) to join their graduation rites last March 30.
Regional Trial Court Judge Rapahel Yrastorza of Branch 14 found no sufficient basis to hold STC liable to release the photos of the students taken from their Facebook accounts that they deemed 鈥渙bscene.鈥�
STC lawyer Joan Largo, in a phone interview, was elated with the court ruling.
鈥淚t is vindication for the school and a timely lesson on cyber-responsibility for us all,鈥� Largo said.
Largo, who received a copy of the court resolution, said the judge believed there is no existing threat to the life, security, and liberty of the petitioners.
She said the judge also declared that the sourcing of photos from the FB accounts of the students weren鈥檛 illegal since it was done as part of the school鈥檚 enforcement of its policies and disciplinary actions.
鈥淚t is an important affirmation from the court that STC has done nothing illegal,鈥� she said. STC has scheduled a press conference tomorrow.
Cornelio Mercado, lawyer聽 of the petitioners, said he has yet to read the resolution of the court on the petition they filed against STC.
He said he will confer with his clients on their next course of action.
鈥淚t鈥檚 either we will accept the ruling or file an appeal. These are our options,鈥� Mercado said.
A writ of聽 habeas聽 data聽 is a remedy available to any person whose right to privacy in life, liberty or security is violated.
The writ is intended to 鈥減rotect a person鈥檚 right to find out what information is kept,鈥� its intended use and the reason behind its use.
It also grants the petitioner a chance to question the聽 data聽 and its clarification or withdrawal.
The Facebook photos of the students which聽 STC聽 described as 鈥渓ewd, obscene, and immoral鈥� were cited as the basis for banning five seniors from joining the March 30 high school graduation rites.
Four went to court. Two later withdrew their lawsuits after reaching an amicable settlement with聽 STC聽 officials.
Only two complainants are left. Their parents alleged that the students privacy was violated by the school.
They said the punishment was excessive and did not follow due process.
Early this month, the court mandated聽 STC聽 to surrender all the photos of the girls that were sourced from their Facebook accounts.
The school, its computer teacher Mylene Rheza Escudero and others were ordered to identify the source of the photos they said were taken from a Facebook account. Reporter Ador Vincent Mayol