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Philippine Bar review · Question

Practice question: Zones of Privacy

Multiple Choice Hard Jurisprudence

Practice question

A government employer investigates a specific work-related misuse allegation. The employee uses an assigned computer in a largely private workspace and points to personal folders; the employer relies on operational needs and a limited work-related inspection. One side says public ownership alone defeats every privacy claim, while the other says a personal folder makes every inspection unconstitutional. Which method follows Pollo?
  1. Accept public ownership as a conclusive answer without considering context.
  2. Examine the workplace’s operational realities, reasonable privacy expectation and the justification and scope of the work-related search rather than either absolute label.
  3. Accept the folder name as an automatic prohibition on every employer search.
  4. Treat all office inspections as criminal warrant executions regardless of purpose.
  5. Ignore how the search was conducted because only file names matter.

Legal references

  • Pollo v. Chairperson Constantino-David, G.R. No. 181881, October 18, 2011, main decision: https://lawphil.net/judjuris/juri2011/oct2011/gr_181881_2011.html
  • 1987 Constitution, Article III, Sections 2 and 3: https://lawphil.net/consti/cons1987.html

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