FACTS:

JUAN DELA CRUZ WAS CHARGED SECTION 5 AND SECTION 11 RA 92165. IN VIEW
OF THIS INFORMATION FILED AGAINST HIM, HE WAS DETAINED. HOWEVER,
SEVERAL LETTERS WERE SENT TO HIM BY HIS FRIENDS. BUT THIS LETTER WAS
OPEN BY DETENTIONAL OFFICIAL WITHOUT CONSENT.

ISSUE: WHETHER OR NOT HIS RIGHT TO PRIVACY OF COMMUNICATION IS

VIOLATED?

HELD:

NO. The opening and reading of Juan Dela Cruz letters did not violate the
detainees’ right to privacy of communication which was enshrined in Section 3 of
the 1987 Constitution. The inspection of the letters is a valid measure as it serves
the same purpose as the opening of sealed letters for the inspection of
contraband. The letters alleged to have been read by the detention officers were
not confidential letters between Juan dela Cruz and his lawyer. In the present
case, since the letters were not confidential communication between Juan dela
Cruz and his lawyer, the officials of the Detention could read the letters. If the
letters are marked confidential communication between Juan dela Cruz and his
lawyer, the detention officials should not read the letters but only open the
envelopes for inspection in the presence of the detainee Juan dela Cruz. The right
to privacy of the detained is subject to Section 4 of RA 7438, as well as to the
limitations inherent in lawful detention or imprisonment. By the very fact of his
detention, he has a diminished expectation of privacy rights. The detention
officers are in a better position to know the security risks involved in detaining
Juan Dela Cruz.