Jen 💕

Public defender | Lawyer ⚖️

[Jesus Falcis 🇵🇭 @jesusfalcis]

THE LEGAL ASPECTS OF THE CASE OF MARIS RACAL AND ANTHONY JENNINGS

Even before screenshots of text or chat messages between Maris Racal and Anthony Jennings were leaked today, many people - especially those who were cheated on - have always asked me before about the legality of posting and sharing screenshots of private conversations.

I have always told them that there is such a thing called as the right to privacy. Even cheaters have human rights.

The National Privacy Commission (NPC) clarified in a 2020 advisory opinion that the Data Privacy Act applies to screenshots if they reveal the identities of those involved: “It is worthy to note that the processing, i.e. sending out the screenshot to another person, will only come under the scope of the DPA if personal data is indeed involved—if the conversation/screenshot itself allows for the identification of the parties. If it is simply the content of the conversation, with names and other identities redacted or cropped out of the screenshot, it might not be within the scope of the DPA.”

So even if you were the victim of cheating, by posting screenshots of any alleged affair, not only are you exposing yourself to cyberlibel charges but also to charges for violating data privacy - which is punishable by stiffer and harsher penalties than cyberlibel.

And while the Supreme Court just recently said that there is no violation of the right to privacy if screenshots are used in a criminal case, that is the caveat - the screenshots must be used in a criminal case.

So what’s a girl to do?

Well, you should still take screenshots as evidence of cheating or an affair (especially if you’re married).

Then, what you should do is instead of posting on social media is to file a VAW (violence against women) case - psychological violence caused by infidelity.

And if you’re a public figure or celebrity, let the media report or cover it - then you’ll get the publicity you wanted anyway without the legal liabilities for cyberlibel and data privacy.

When you present the screenshots as evidence in court, that’s when the Supreme Court ruling will apply - that taking screenshots of private conversion is not a violation of the right to privacy when used as evidence in a criminal case.

What’s unfortunate and what I find personally wrong in leaking the screenshots of Maris Racal and Anthony Jennings through social media is the slutshaming of Maris Racal because of her supposed “thirst trap/hungry” messages.

Look what statements have gone viral. 3-4 messages from Maris Racal and only 1, barely viral, from Anthony Jennings (about him disgustingly using method acting as justification).

Cheating is bad. But so is misogyny, enabled by violating the right to privacy.

Victims have human rights. But vindicating your rights should not make more victims.

Even cheaters have human rights.

#Law101
#HumanRights

[The Philippine Star @PhilippineStar]

LONG WEEKENDS AKA CHEAT SHEET SA LEAVE FILING! 😂

Planuhin na ang long weekends mo sa 2025! Use your leaves wisely. 😉

[Philippine Supreme Court Public Information Office @SCPh_PIO]

The Supreme Court emphasized that statements against public officers do not constitute oral defamation or slander when these concern their discharge of official duties —unless done maliciously.

In a Decision written by Senior Associate Justice Marvic M.V.F. Leonen, the Supreme Court’s Second Division acquitted an accused of oral defamation for remarks against a barangay kagawad.

The barangay kagawad was walking past the accused’s house, when she yelled from her house’s terrace that the barangay kagawad was uneducated, ignorant, and biased against the accused in their barangay conciliation proceedings. The remarks were heard by many people as the terrace was beside the highway.

Under Article 358 of the Revised Penal Code, there is oral defamation or slander when (1) there is an allegation of a crime, fault, or flaw; (2) made orally; (3) publicly; (4) maliciously; (5) towards a person, alive or dead; and (6) such allegation tends to cause dishonor on the person defamed.

As the law assumes that a defamatory allegation is malicious, or made with knowledge that it is false, the person who made the defamatory remarks has the burden of proving there was no malice.

However, when it comes to defamation against public officers in relation to their duties, the prosecution has the burden to prove there was actual malice in the defamatory remarks. The Court recognizes that the right to free speech empowers citizens to hold public officers accountable because public office is a public trust.

In the present case, the SC said that the prosecution failed to prove there was malice in the accused’s remarks against the barangay kagawad. It stressed that while the statements may be offensive, they are not actionable by themselves: “Being ‘sensitive’ has no place in this line of service."

Read the full press release at: https://t.co/Z2qeUdac3K

Read the full text of the Decision at: https://t.co/gdIQD03Thb

#SupremeCourtPH

[Jen 💕 @BrbnJen]

“To be good at something is not quite the same as loving it.” -Tomorrow, and Tomorrow, and Tomorrow.

[Rappler @rapplerdotcom]

#WalangPasok: Malacañang has released the list of regular holidays and special non-working days in the Philippines in 2024.

Check out the list here: https://t.co/8qMKMKwB3H

[Jen 💕 @BrbnJen]

Coming late to your appointment, especially if you’re the one who call the time, is so disrespectful. How can you call yourself professional if you can’t even come on time as you scheduled.

[Jen 💕 @BrbnJen]

Congrats, Panye! Abogado kana! 🥳 #Bar2023 #CaguiWOWbar

[Jen 💕 @BrbnJen]

Minimalist and simple living era.

[Jen 💕 @BrbnJen]

Realizations like these makes me want to have 3-day rest every week. First is for friends/fam, second is for chores, then last day is for your self-care. 💆🏻‍♀️

[Jen 💕 @BrbnJen]

Spent holy week with fam till Sunday. Good thing it’s still holiday today. I can really have my rest only when I’m alone in my home. #ambivertthings

[Jen 💕 @BrbnJen]

Imagine spending your time alone, whole day in your bed, binge watching and eating your fave snacks, or just pampering yourself with massage. Ofc, doing chores is not included. 😂 #perksoflivingalone

[Jen 💕 @BrbnJen]

I love you Jennie 🖤💖🥰🥰🥰 #BORNPINKinManila_BulacanD2 #BORNPINKinMANILA #blackpink

[Jen 💕 @BrbnJen]

SC: Riders are considered regular employees of LAZADA. G.R. 246892.

[Philippine Supreme Court Public Information Office @SCPh_PIO]

READ: SC Rules in Favor of Dismissed Lazada Riders
https://t.co/ndZJEKPhHD

[Luke Espiritu @LukeEspirituPH]

Binuksan ni Donnalyn ang usapan hinggil sa mga manggagawa, kaya ating himayin ang totoong kalagayan.

Nasa ating official Facebook page (https://t.co/fWqwS05lCm) ang ating take hinggil dito.

[Jen 💕 @BrbnJen]

People, please, stop sending messages like, “Hi/good day/can I ask?” esp if you really need something to say further. We don’t need another anxiety in this stressful life. Cut the chase and tell wyw w/o leaving cliffhangers.

[Joyce Meyer @JoyceMeyer]

Today, on #GoodFriday, we honor the amazing sacrifice that Jesus made on the cross because of His love for us. Take some time today and thank God for sending his Son Jesus so that our sins could be forgiven, and we can be free.

[Matt Smethurst @MattSmethurst]

The Lord didn’t check who inside the house was worthy. He checked for blood on the doorposts.

None of us is worthy. Only the blood of Jesus can cover us.

[Jen 💕 @BrbnJen]

#ThisIsItPancitLawyerNaUs #BestBarEver2020_21 Good luck guys! Claim it now! Give back all the glory in Jesus’ name! Serve the people with a good heart and thank those who supported you in this journey ❤️🙏🏻🥳

[Jen 💕 @BrbnJen]

Praying for my friends 🙏🏻🎉 claim it!

[Marvic Leonen — maroon check @marvicleonen]

Kapit lang bes. Malapit na.

It was an honor for me, my team, and the Court to be with you throughout this journey.

#BestBarEver2020_21