Legislature would have supplied had its attention

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legislature would have supplied had its attention been called to the omission, as that would be judicial legislation .” Stated differently, the Court has no power to add another member by judicial construction.
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POLITICAL LAW CASE DIGESTS 139 JUNE 2013 HING v. CHOACHUY G.R. No. 179736, June 26, 2013 Second Division, Del Castillo, J . DOCTRINE: Constitutional Law; Bill of Rights; Right to privacy in business establishments; An individual’s right to privacy under Article 26(1) of the Civil Code should not be confined to his house or residence as it may extend to places where he has the right to exclude the public or deny them access. The phrase “prying into the privacy of another’s residence,” therefore, covers places, locations, or even situations which an individual considers as private. As long as his right is recognized by society, other individuals may not infringe on his right to privacy. DIGEST: Assailed in this Petition for Review on Certiorari under Rule 45 of the Rules of Court is the December 12, 2006 Decision of the Court of Appeals (CA) in CA-G.R. CR No. 23653 affirming with modification the June 25, 1999 Decision of the Regional Trial Court (RTC) of Manila, Branch 30, in Criminal Case Nos. 98-163806-10 finding Carlos L. Tanenggee (petitioner) guilty beyond reasonable doubt of five counts of estafa through falsification of commercial documents. Likewise questioned is the CA’s September 6, 2007 Resolution denying petitioner’s Motion for Reconsideration and Supplemental Motion for Reconsideration. Essentially, the issue boils down to (1) whether there is a violation of petitioner’s right to privacy. Petitioners insist that they are entitled to the issuance of a Writ of Preliminary Injunction because re spondents’ installation of a stationary camera directly facing petitioners’ property and a revolving camera covering a significant portion of the same property constitutes a violation of petitioners’ right to privacy. Petitioners cite Article 26(1) of the Civil Code, which enjoins persons from prying into the private lives of others. Although the said provision pertains to the privacy of another’s residence, petitioners opine that it includes business offices, citing Professor Arturo M. Tolentino. Thus, even assuming arguendo that petitioners’ property is used for business, it is still covered by the said provision. The Petition is meritorious. The right to privacy is enshrined in our Constitution and in our laws. It is defined as “the right to be free from unwarranted exploitation of one’s person or from intrusion into one’s private activities in such as way as to cause humiliation to a person’s ordinary sensibilities.” It is the right of an individual “to be free from unwarranted publicity, or to live without unwarranted interference by the public in matters in which the public is not necessarily concerned.” Simply put, the right to privacy is “the right to be let alone.” The Bill of Rights guarantees the people’s right to privacy and protects them against the State’s abuse of power. In this regard, the State
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