One may ask, what if the accused have been acquitted, can he now ask for the removal of his name on the Decision? In strict legal sense, the possible answer is in the negative considering that there is no law that grants such right to remove his name.
The 1987 Philippine Constitution does not provide for specific provision on right to privacy per se. Instead, it only provides provisions on certain right to privacy like the privacy of communication and correspondence (Section 3, Article III); and the right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose (Section 2, Article III).
On the other hand, Section 7 of Article III of the 1987 Philippine Constitution provides that:
“The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.”
The wording used in the provisions in the 1987 Philippine Constitution are “Subject to reasonable conditions prescribed by law” and “subject to such limitations as may be provided by law” which only suggest that a law should be enacted. And there is none so far. In practical sense, it is my humble reasoning that the accused should not move for the deletion of his name for that Decision itself will attest to his innocence and therefore will be an instrument to repossess his good reputation despite inevitable stigma.
Thus, if a question is ask whether an accused can ask the Supreme Court to drop his name or to prohibit the publication of his name in the website or in any means of publication in its Decision in order to hide his identity and therefore protect his remaining reputation to the public, it is safer to invoke such right by citing a specific or a positive law that gives such accused the right to privacy under a specific circumstance. To cite a specific and usual case, violation against women and their children, victims are the only one protected with their right to privacy and never has been of the accused. As basis and authority, Section 44 of Republic Act No. 9262 and Section 40 of A.M. No. 04-10-11-SC (October 19, 2004) provide that:
“SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their children including those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in any format, the name, address, telephone number, school, business address, employer, or other identifying information of a victim or an immediate family member, without the latter’s consent, shall be liable to the contempt power of the court."
But there is an interesting provision of Section 5 of Republic Act No. 8505 which recognizes the privacy of the accused and probably may be construed by others as the basis of the accused to eliminate his name in the Decision of the Supreme Court before its publication, it provides that:
“Section 5. Protective Measures. – At any stage of the investigation, prosecution and trial of a complaint for rape, the police officer, the prosecutor, the court and its officers, as well as the parties to the complaint shall recognize the right to privacy of the offended party and the accused. Towards this end, the police officer, prosecutor, or the court to whom the complaint has been referred may, whenever necessary to ensure fair and impartial proceedings, and after considering all circumstances for the best interest of the parties, order a closed-door investigation, prosecution or trial and that the name and personal circumstances of the offended party and/or the accused, or any other information tending to establish their identities, and such circumstances or information on the complaint shall not be disclosed to the public.
The investigating officer or prosecutor shall inform the parties that the proceedings can be conducted in a language or dialect known or familiar to them.”
However, as can be gleaned from the provision is that it is only applicable during the investigation and the preliminary process of prosecuting the accused. This is logical enough because at that stage the accused is still presumed innocent. But that is not the case when the accused is already convicted.
Once the accused is convicted, the public has the right to be informed of the same and shall be accessible to public for their information. This is the Constitutional mandate under Section 7 of Article III (which is quoted in the first part of this work) and Section 28 of Article II of the 1987 of the Philippine Constitution which provides that:
“Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.”
