Friday, December 19, 2014

POLLO vs. CONSTANTINO-DAVID

Sorry, I brisk-read this case.

Here's a case of claiming what's not yours & expecting everybody around to respect your privacy regarding said thing.

This case is about the doctrine called Reasonable Expectation of Privacy. But were not talking about it here. Were just here to find out whether or not there was illegal search conducted and whether it amounted to culpable violation of petitioner's basic constitutional right to privacy based on the constitutional provision ofcourse. In other words, were about to find out if there was competent evidence admissible in court.


If you're working in an office and you're the type who nameplates everything you use.. (your office chair, your computer, your filing cabinet, the office stapler, your pen..etc.) when you know very well these are company or government issued equipment, but you expect your office mates and other people to acknowledge your ownership and respect your privacy over them just the same.. you better reconsider. These things maybe issued by the Admin Office in your name upon you or your immediate bosses' request but these are company owned. The company, bureau, or agency that issued it for your personal use reserve all the right to inspect and regulate and dispose of it, much less retrieve anything from it.

Same thing happened here. You might as well read through the case. I don't wanna discuss it.

I'm intrigued at... I wonder how will I handle this if  I am to decide. Here you are, sitting in your cozy leather coated power office chair as the top CEO. Unexpectedly hearing a drop on the carpeted floor or something. A hole crack on the damn glass office window as you inspect. And a crumpled letter on the floor almost wrapped on a stone. (well at least nobody shot an arrow with a wrapped cryptic note on it). You picked it up and read the damn letter saying "yo boss wake up! some dude in the office's doin some anomaly or somethin somethin". So what do you do? You of course investigate the veracity of the accusation since you can't really pin-point who the anonymous sender is. And how do you do that? Read between the lines. And if you think there's a probable cause? then by all means fish for evidence. Records, lists, correspondence, DTRs, drawers what have yous. Even crack an office computer password if that what it takes. Then you issue a show-cause order.

Should you? Why would you? Let me rephrase that question. Why wouldn't you? You have the means. You have the authority. You're the uber-boss. That means you have to know. You need to know. The name, efficiency and  respectability of the company had been laid in your hands. By all means do your job. You're the top man, that means you are entitled to know.

Here's a quick reminder if you work in an office setup. You don't hide skeletons in your office computer. You don't have Reasonable Expectation of Privacy there. Reasonable Expectation of Privacy is like when you're in an enclosed space. Well, the toilet is one :)