Wednesday, September 17, 2003

Arnault v. Nazareno and the right to privacy


Joaquin Bernas discusses Arnault v. Nazareno, the 1950 case cited by Sen. Angara to compel Iggy Arroyo to answer the questions asked of him in the Senate. Bernas opines:

The nation then did not yet have the experience of what is now a common phenomenon -- legislative harassment or investigations in aid of election. This phenomenon gave rise to a command now found in the 1987 Constitution: �The rights of persons appearing in or affected by such inquiries shall be respected.� These factors need to be considered in dealing with the Iggy Arroyo case.

Should Arnault v. Nazareno be upheld? Blogger Marvin Aceron has this to say:

In this age of the individual, can we afford to affirm the lack of power of the individual against the abusive transgressions of the police state? With all its resources and might, the Philippine State has become susceptible to abuse by politicians who cares not for public service but caters solely to personal and crony interest. There is no doubt that the Jose Pidal expose is motivated by political interest -- vengeance, resentment, political leveraging, what have you, but definitely not for the public interest or in "aid of legislation". The State is imperfect. Should it have the power fit only for a perfect State?

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