BILL OF RIGHTS (Section 3)

Wednesday, 19 February 2020 5:18 PM

1. The privacy of communication and correspondence shall be

inviolable except upon lawful order of the court, or when public
safety or order requires otherwise, as prescribed by law.

2. Any evidence obtained in violation of this or the preceding section

shall be inadmissible for any purpose in any proceeding
What does this right protect?
 Protects people
 What a person seeks to preserve as private, even in an area accessible to the public

What are the factors considering the existence of violation?

 Whether a person has exhibited a reasonable expectation of privacy
 Whether the expectation has been violated by unreasonable government intrusion

What does the guarantee of privacy cover?

The guarantee of privacy covers both tangible and intangible objects

What is considered as wiretapping?

R.A. 4200 states that it is illegal for any person, not authorized by all parties to any private
communication, to secretly record such communications by means of tape recorder.

A listened to B's conversation with C through a telephone extension. Did A commit wiretapping?
No, A did not commit wiretapping. The use of a telephone extension is not covered by the anti-
wiretapping law.

Can someone examine letters and sealed packages?

Yes, letters and sealed packages can be examined only as to their external appearance and weight.

A, the husband of B, read B's diary without her permission. In doing so, A found out about B's
affair with C. Is there a violation of the right to privacy?
Yes, there is a violation of the right to privacy. In the case of Zulueta vs. Court of Appeals, the court
ruled that a person, by contracting marriage, does not shed his or her integrity or right to privacy as an
individual. B, being A's wife, does not exclude her from the protection of the right to privacy. Therefore,
there is a violation of the right to privacy.

B, A's wife, used A's confidential psychiatric evaluation report as a means to testify against A
during an annulment case. Is there a violation of the right to privacy.
No, there is no violation of the right to privacy. In the case of Krohn v. CA, the court ruled that in a
petition for annulment of marriage grounded on psychological incapacity, a confidential psychiatric
evaluation report may be testified to by the plaintiff without offending the privileged communication rule.
B, being the petitioner of an annulment case, may use the confidential psychiatric evaluation report of her
husband A. Therefore, there is no violation of the right to privacy.

C, the owner of a private company, opened his employee, B's locker without her consent. Upon
opening it he found a bag of marijuana. Can this be used as evidence before the court?
Yes, it can be used as evidence. The Bill of Rights does not protect citizens from unreasonable searches
and seizures made by private individuals.

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