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DIGEST - Sps. Hing vs. Choachuy

Respondents installed surveillance cameras facing the petitioners' property, where petitioners operated a business office, to monitor ongoing construction of a fence by petitioners. Petitioners alleged this violated their right to privacy. The court ruled that under Article 26 of the Civil Code, the right to privacy extends not just to residences but also to places where a person has a right to exclude the public, such as a business office. Using cameras to monitor another's property without consent violates their reasonable expectation of privacy, whether the property is used as a residence or business office.

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86 views1 page

DIGEST - Sps. Hing vs. Choachuy

Respondents installed surveillance cameras facing the petitioners' property, where petitioners operated a business office, to monitor ongoing construction of a fence by petitioners. Petitioners alleged this violated their right to privacy. The court ruled that under Article 26 of the Civil Code, the right to privacy extends not just to residences but also to places where a person has a right to exclude the public, such as a business office. Using cameras to monitor another's property without consent violates their reasonable expectation of privacy, whether the property is used as a residence or business office.

Uploaded by

Tea Ann
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Sps.

Hing vs Choachuy
G. R. No. 179736
June 26, 2013
Topic: Human Relations - Article 26

Facts:
Respondents who own Aldo Development & resources, Inc., is located on a lot adjacent to the
petitioner’s business office. Respondents filed an action for injunction and damages
claiming that while petitioners were constructing a fence, the construction would destroy the wall
of respondents’ building.

To get evidence of the ongoing construction, respondents setup surveillance cameras facing the
petitioner’s property. Respondent’s employees also took pictures. The petitioners alleged that the
acts of respondents violate their right to privacy.

Issue: Is there a violation of right to privacy under Article 26 provided that petitioner’s property is
not used as a residence but a commercial?

Ruling: Yes. There a violation of right to privacy.

Under Art 26(1) of the NCC, there is violation of right to privacy: “prying into the privacy of
another’s residence”. However, this should not be confined to a house or residence only as it
may extend to places where a person has the right to exclude the public or deny them access. The
phrase "prying into the privacy of another’s residence," therefore, covers places, locations, or even
situations which an individual considers as private. And as long as his right is recognized by
society, other individuals may not infringe on his right to privacy. As such, a business office is
entitled to the same privacy when the public is excluded therefrom.

In ascertaining whether there is invasion of privacy, the reasonable expectation of privacy test is
used:
1) Whether a person has a reasonable expectation of privacy
2) Whether the same has been violated

As to the video surveillance cameras, petitioners have a "reasonable expectation of privacy" in


their property, whether they use it as a business office or as a residence and that the installation of
video surveillance cameras directly facing petitioners’ property or covering a significant portion
thereof, without their consent, is a clear violation of their right to privacy.

These cameras should not be used to pry into the privacy of another’s 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.

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