First posted at 10:38am: HAPPENING NOW: Congress is about to violate the Data Privacy Act by releasing personal info on CJ Sereno, entrusted to the JBC
Data Privacy Act of 2012, Republic Act 10173:
xxx
Sec. 3. Definition of Terms. – Whenever used in this Act, the following terms shall have the respective meanings hereafter set forth: xxx (k) Privileged information refers to any and all forms of data which under the Rules of Court and other pertinent laws constitute privileged communication.
(l) Sensitive personal information refers to personal information:
(1) About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
(2) About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings; xxx SEC. 31. Malicious Disclosure. – Any personal information controller or personal information processor or any of its officials, employees or agents, who, with malice or in bad faith, discloses unwarranted or false information relative to any personal information or personal sensitive information obtained by him or her, shall be subject to imprisonment ranging from one (1) year and six (6) months to five (5) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00).
SEC. 32. Unauthorized Disclosure. – (a) Any personal information controller or personal information processor or any of its officials, employees or agents, who discloses to a third party personal information not covered by the immediately preceding section without the consent of the data subject, shall he subject to imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00). (image credits as stated in the archives)
if on mobile device, pls click “Listen in browser” on the soundcloud pod below to play …
Prepare for a “judicial self-coup”
— at the very least an attempt of it
If the sources of ABS-CBN (by reporter Ina Reformina) and GMA News (by reporter Joseph Morong) are accurate, the Supreme Court en banc and Chief Justice Meilou Sereno resolved yesterday that she would go on an indefinite leave – HOWEVER, the spokesperson of CJ Sereno had clarified hours after the en banc that she would merely file an application for a 15-day “wellness leave” to prepare for trial. Today, we’ll know for sure whether the CJ would go on an indefinite leave or a 15-day- (or longer) “wellness leave”, as the application has to be made in writing. An indefinite leave, not being time-bound, and not being provided for under civil service rules (except the Magna Carta for Teachers which sets it at one year) creates an indefinite vacancy. An indefinite vacancy creates an indefinite vacuum that would prejudice judicial functions. An indefinite leave therefore, creating an indefinite vacancy and vacuum, would be used by Malacañang, to announce the search for a new Chief Justice following the rules that created the JBC. A 15-day or limited “wellness leave”, if the sources of ABS-CBN and GMA News are accurate, was not agreed upon en banc or was not agreed to by 10 of the 15 justices — who had threatened to call for the resignation of the CJ publicly. Today, we’ll know for sure. We’ll also know for sure whether the ten justices would make good their threat. A statement from the ten justices calling for the resignation of the CJ would be a political act, unless it carries with it evidentiary matters of first-hand testimonies and documents that the justices are willing to attest to in an impeachment court – in which case, it would have legal effect, as evidence (if it does contain evidence). Other than that, being a political act, its nature is persuasive, i.e., not legally binding on the impeachment court that may be convened in July. It would be embarrassing, though, for the Chief Justice should her Court call for her resignation. (perhaps it had ceased being her Court long before). A forced indefinite leave of the CJ, resulting in an indefinite vacancy, is a judicial coup, or — to be more precise — a judicial coup against its own self, if ever there was one – a self-coup! or a judicial self-coup! or a self-judicial-coup! … Or a selfie coup.
