Gamboa v. P/SSupt.

Chan regarding PAGs with the body specifically created for the purpose of investigating the
G.R. No. 193636 /JULY 24, 2012 / SERENO, J./RIGHT TO PRIVACY/NRDDOMINGO notorious group.
NATURE Petition for Certiorari, etc.
PETITIONERS Marynette R. Gamboa. DECISION.
RESPONDENTS P/SSupt. Marlou C. Chan, et al. Petition denied. RTCs decision in so far as it denied the privilege of writ of habeas data is
AFFIRMED.
SUMMARY. Gamboa claims that the investigation conducted by the PNP and
communicated to the Zenarosa Commission violates her right to privacy. The report
concluded that Gamboa is affiliated with a private army group and was subsequently leaked
to the media thus causing great damage to her reputation.
DOCTRINE. The right to privacy is a fundamental right but it is not absolute. It may give way
to opposing or overriding state interest deemed legitimate and compelling. Since the
constitution mandates the dismantling of private armies, the purpose of the Zenarosa
Commission is a legitimate state aim. As such, the forwarding of information of the PNP to
the Zenarosa Commision does not violate her right to privacy.

FACTS.
President Gloria Macapagal Arroyo issued A.O. 275 creating the Zenarosa Commission for
the purpose of investigating the existence of private army groups (PAG).
Marynette R. Gamboa is the Mayor of Dingras Ilocos Norte, and was investigated by PNP-
Ilocos Norte who classified her as someone who keeps a PAG. The PNP then forwarded
the data gathered on her to the Zenarosa Commission.
The Zenarosa Commission then submitted a Report to the President listing people who
are associated with PAG.
The report was leaked to the media and Gamboas name was shown before the evening
news and in print media.
Gamboa filed a petition for the issuance of a writ of habeas data against the PNP for
violating her right to privacy and destroying her reputation.

ISSUES & RATIO.

1. WON Gamboas right to privacy was violated? NO.
Gambos right to privacy was not violated since it was done pursuant to a legitimate
state interest.

The right to privacy is an inherent concept of liberty and is a constitutional right. The right
to privacy must be protected from intrusion or constraint but it is not absolute. It may
nevertheless succumb to an opposing or overriding state interest deemed legitimate and
compelling.

The Constitution explicitly mandates the dismantling of private armies and other armed
groups not recognized by duly constituted authorities. Since the purpose of the Zenarosa
Commission is to investigate private armies with the ultimate goal of dismantling them, it
could be said that its purpose is a legitimate state aim. In order to achieve its goal, the
Zenarosa Commission is clothed with the powers of an investigative body and the power
to deputize law enforcement agencies. As such, the forwarding of information by the PNP
to the Zenarosa Commission was not an unlawful act that violated or threatened
Gamboas right to privacy since the PNP was rationally expected to share intelligence