SECTION 03: PRIVACY OF COMMUNICATION
Exceptions to the Privacy of Communication:
a. Lawful order of the court
b. When public safety or order requires
ANTI-WIRE TAPPING ACT - It prohibits and
penalizes wiretapping and other related violations
of the privacy of communication.
NOTE: All members should authorize the recording
of private communication for it to be legal.
SECTION 04: FREEDOM OF SPEECH/EXPRESSION
- “No law shall be passed abridging the freedom of
speech, of expression or of the press, or the right of
the people peaceably to assemble and petition the
government for redress of grievances.”
Aspects of the Freedom:
a. Freedom from censorship or prior restraint
• Playing taped jingles is constitutional
• Radio commentators commenting
about political issues is constitutional
• Stickers on private vehicles are
constitutional
b. Movie censorship
• Is subject to a greater degree of
regulation through classification and
not censorship (MTCB)
• Depicting the life of a person that’s part
of history does not require the person’s
permission. Movies would not have
been historically faithful. This does not
violate the person’s right to privacy.
c. Freedom from subsequent punishment
• People should be accountable with the
things they say (could be subject to
punishment)
SECTION 05: FREEDOM OF RELIGION - the free
exercise and enjoyment of religious profession
and worship, without discrimination or preference,
shall forever be allowed.
1. NON-ESTABLISHMENT CLAUSE - this
reinforces on the separation of Church and
State.
a. a religious sect cannot be registered as a
political party
b. no sectoral representative from the
religious sector
c. prohibition against the use of public
money or property for the benefit of any
religion, or of any priest, or minister
Exceptions:
a. exemption from taxation of properties used
for religious purposes
b. citizenship requirement of ownership of
educational institutions, except those
established by religious groups and
mission boards
c. optional religious instruction in public
elementary and high schools: at the option
expressed in writing by the guardians,
religious instruction taught within regular
class hours by instructors approved by the
religious authorities of the religion to which
the children or wards belong, without
additional cost to the Government
d. appropriation allowed where the minister is
employed in the armed forces, in a penal
institution, or in a government-owned
orphanage or leprosarium
2. FREE EXERCISE CLAUSE
a. Right to believe, which is absolute
b. Right to act according to one’s beliefs,
which is subject to regulation.
SECTION 06: FREEDOM TO TRAVEL/TO ABODE
Limitations on the right to travel:
a. interest of national security
b. public safety
c. public health
Exceptions of the freedom to travel:
a. Upon lawful order of the court
SECTION 07: FREEDOM OF INFORMATION
1. Laws must come out in the open, not rumored
2. The people’s right to know is limited to
“matters of public concern”
• POLICY OF PUBLIC DISCLOSURE - is
confined to transactions involving “public
interest” and is subject to reasonable
conditions prescribed by law.
Exceptions of the freedom of information:
a. information rooted in separation of powers
b. information on military and diplomatic
secrets
c. information affecting national security
d. information on investigations of crimes by
law enforcement agencies before the
prosecution of the accused
SECTION 08: FREEDOM TO FORM ASSOCIATIONS
– right of the people to form unions, associations
or societies for purposes not contrary to law shall
not be abridged.
1. Members of the civil service may not declare a
strike to enforce economic demands.
a. RIGHT TO STRIKE - means any temporary
stoppage of work by the concerted action of
the employees as a result of an industrial or
labor dispute.
2. Political neutrality is needed to discharge the
duties of barangay officials – so, political
parties can’t participate in barangay elections
3. According to the Labor Code, managerial
employees are ineligible to join, assist or form
labor unions. Those who qualify as top or
middle managers are executives who receive
from their employer’s information that is not
only confidential but also not generally
available to the public, or to their competitors,
or to other employees.
SECTION 09: POWER OF EMINENT DOMAIN -
Private property shall not be taken for public use
without just compensation.
SECTION 10: NON-IMPAIRMENT CLAUSE - No law
impairing the obligation of contracts shall be
passed. This is used is to safeguard the integrity of
contracts against unwarranted interference by the
State
1. To fall within the prohibition, the change must
not only impair the obligation of the existing
contract, but the impairment must
substantial. Moreover, the law must effect a
change in the rights of the parties with
reference to each other, and not to nonparties
• IMPAIRMENT is anything that diminishes
the efficacy of the contract. There is
substantial impairment when the law
changes the terms of a legal contact
between the parties, either in the time or
mode of performance, or imposes new
conditions, or dispenses with those
expressed, or authorizes for its satisfaction
something different from that provided in
its terms
SECTION 11: FREE ACCESS TO COURTS
“Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.”
SECTION 12: MIRANDA DOCTRINE
MIRANDA RIGHTS apply only from the moment the
investigating officer begins to ask questions for
the purpose of eliciting admissions, confessions
or any information from the accused.
(1) Any person under investigation for the
commission of an offense shall have the right to
be informed of his right to remain silent and to
have competent and independent counsel
preferably of his own choice. If the person cannot
afford the services of counsel, he must be provided
with one. These rights cannot be waived except in
writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation,
or any other means which vitiates the free will shall
be used against him. Secret detention places,
be
solitary, incomunicado, or other similar forms of
detention are prohibited.
(3) Any confession or admission obtained in
violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil
sanctions for violations of this section, as well as
compensation to and rehabilitation of victims of
torture or similar practices, and their families.”]
Rights of a person under custodial investigation:
a. TO REMAIN SILENT. If the suspect refuses to
give a statement, no adverse inference shall
be made from his refusal to answer questions.
b. TO COMPETENT AND INDEPENDENT COUNSEL
[preferably of his own choice] at all stages of
the investigation. If he cannot afford the
counsel, he must be provided with one.
c. TO BE INFORMED OF SUCH RIGHTS.
d. RIGHTS CANNOT BE WAIVED EXCEPT IN
WRITING AND SIGNED BY THE PERSON IN THE
PRESENCE OF HIS COUNSEL.
e. SECRET DETENTION PLACES ARE PROHIBITED
f. CONFESSIONS/ADMISSIONS OBTAINED IN
VIOLATION OF RIGHTS ARE INADMISSIBLE IN
EVIDENCE.
What may be waived: The right to remain silent
and the right to counsel, but not the right to be
informed of these rights.
CUSTODIAL INVESTIGATION - in custody
interrogation of accused persons. Any questioning
initiated by law enforcement officers after a person
has been taken into custody or otherwise deprived
of his freedom of action in any significant way”.
The rule begins to operate at once as soon as the
investigation ceases to be a general inquiry into an
unsolved crime, and direction is then aimed upon
a particular suspect who has been taken into
custody and to whom the police would then direct
interrogatory questions which tend to elicit
incriminating statements.
• the investigating officer begins to ask
questions for the purpose of eliciting
admissions, confessions or any
information from the accused.
• shall include the practice of issuing an
“invitation” to a person who is investigated
in connection with an offense he is
suspected to have committed,
The counsel cannot be a special counsel, public or
private prosecutor, counsel of the police, or a
municipal attorney. THE COUNSEL HAS TO BE
INDEPENDENT. (Independent Counsel)
read his constitutional rights is simply not
enough. The prosecution must show that the
accused understood what he read, and that he
understood the consequences of his waiver.
• INFORMED OF THE RIGHTS
• WRITTEN ADMISSION OF CRIME
• SUSPECT CAN SURRENDER THE RIGHT TO
REMAIN SILENT THROUGH A WAIVER
• PRESENCE OF A COMPETENT AND
INDEPENDENT COUNSEL
• UNDER CUSTODIAL INVESTIGATION (STARTS
WHEN THERE IS AN INVITE)
Cy Obrien Pre has founded ‘Sheesh Corporation’, an
association that provides fruits and vegetables
native from Ilocos Sur. Because of the policies of
the socialist party of the Philippines, he decided to
participate in a protest in a form of a strike.
Q. Is the strike valid?
Heirra was thought to have stolen fruits from Cy’s
Sheesh Corporation. With this, the police have
ordered her to stay in the state for investigation
purposes. Despite the command, Heirra went to
China to make some friends.
Q. Did Heirra violate the law?
Arianne is running for the Liberal Party on the 2028
Elections as President of the Philippines. Being a
well-known sister of the Catholic church, her
candidacy was not announced by the Commission
on Elections.
Q. Did COMELEC violate the people’s right to
information?
Q. Is her candidacy valid?
Daryl Yap directed the film “Maid in Malacanang”
that depicts the history of the Philippines under
the Marcos regime through the perspective of the
Marcos family. Heirra got mad and told JTC to stop
showing the film because it’s filled with
disinformation.
Q. Is Heirra’s contention valid?
Q. If Imelda Marcos was presented within the film
without her agreement, would Daryl Yap be
violating her right to privacy?
Apryl is producing music from the USA. One of the
singers, Taylor Swift, that is designated in the
Philippines, have been thought to be a victim of
domestic abuse. After a week, they will be
performing at the Los Angeles Arena. An
administrative order issued by the Secretary of
Labor temporarily suspended the deployment of
the aforementioned talent (TS).
Q. Is the order valid?
John Carl Inay made an agreement with Lawrence
torrano to buy a plot of land in Sinait. Within the
contract, the land was evenly split (50% for JC, 50%
for Lawrence). After they bought the land in
months’ time, John Carl insisted to buy Lawrence’s
ownership with profit. (To get 100%)
Estrada passed a bill that gives the state
ownership of the land ---
Lawrence is running for the position of Mayor of
Santo Domingo. With this, he uses his food park
business to run advertisements for his candidacy
(tarpaulins in stalls, music, etc.). On the day of the
election, Lawrence wanted to bring his business to
the election site to provide food for the electorate.
Q. Is Lawrence’s marketing strategy to play music
and print tarpaulins constitutional?
Q. Is Lawrence’s business at the election site
constitutional?
Q. If Lawrence prohibited his managerial
employees to form a labor union, would his
command be constitutional?
In the Metro Manila Public Market, a street vendor
was thought to have violated tax laws, according to
the BIR. With this, the court ordered the arrest of
the suspect. During the arrest, he was only
informed that he had the right to an attorney, and
consequently, he stated an admission of tax fraud.
Since he cannot afford legal counsel, the state
provided Anjelo Briones, a city legal officer.

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