The Supreme Court (SC) has reiterated that chat logs and videos may be used as evidence to determine if a crime has been committed as it affirmed the conviction of an individual for selling nude shows of girls for profit.
In an 18-page decision, the SC Second Division did not give weight to the man’s argument that his chat logs with an agent who was posing as a customer is inadmissible.
The SC cited the Data Privacy Act of 2012, which allows the processing of sensitive personal information when it relates to the determination of criminal liability of a data subject and when necessary for the protection of lawful rights and interests of persons in court proceedings.
Further, the SC cited a previous case where it rejected the argument of the accused that photos and conversations in Facebook messages cannot be used against him.
“Similarly, the communications, photos, and videos sought to be excluded … were submitted in evidence to prosecute him for violation of qualified trafficking and to establish AAA263603’s legal claims,” the court said.
“Thus, there is no violation of the right to privacy,” it added.
According to the SC, the Anti-Wire Tapping Law is also not applicable as it only applies to instruments used for tapping the main line of a telephone.
“By no stretch of the imagination can the recording of Skype conversations and pictures be of the same nature as ‘tapping the main line of a telephone’,” it said.
The SC said the man was sentenced to life imprisonment for qualified trafficking in persons and fined P2 million.
He was also ordered to pay P600,000 in damages with a legal interest of 6% per annum until the finality of the decision.
The decision was promulgated in October 2023 but made public only today. — RSJ, GMA Integrated News
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