This week we will going to discuss the
You can violate
following:
1. Article III Section 3 - Right to
Privacy in communication
2. Article III Section 4 – Freedom of
Expression
3. Article III Section 5 - Exercise of
Religion
4. Article III Section 6 – Right to
Travel
5. Article III Section 7 – Right to
information
ARTICLE III SECTION 5
RIGHT TO PRIVACY IN
COMMUNICATION AND
CORRESPONDENCE
GENERAL RULE : Right to privacy of
communication and correspondence is
inviolable (1987 Philippine Constitution,
Sec. 3, Art. III).
Exceptions:
1. By lawful order of the court; and
a. Meaning if granted by
proper courts
2. Public safety or public order as
prescribed by law.
a. When public safety
requires. Like example if
there is a communication
about the location of a
bomb that could affect the
general public. So di mo
pweding sabihin na right to
privacy.
that right.
NOTE: Any evidence in violation of this
right or the right against unreasonable
searches and seizures shall be
inadmissible for any purpose in any
proceedings.
Q: What is Anti-Wire Tapping Act (R.A.
No. 4200)
A special law prohibiting and
penalizing “secret recording of
conversations either through wiretapping
or tape recorders.” It provides penalties
for specific violations of private
communication.
Do you know about the “Hello
Garci Case”? May be you so young pa for
that pero in that case, any recordings or
evidence in violation of the anti-wire
tapping law is inadmissible in evidence.
Meaning you cannot go to court para
magamit ang mga recordings nyo.
Things to remember under this right.
1. The right to privacy is not
absolute.
a. Remember the two
exceptions, mentioned -
above;
2. Right of privacy in social media
a. Before one can have an
expectation of privacy in his
or her social media
accounts, kailangan he or
she must manifest its
intention to keep his
 account to be private.
How? By availing of all the
necessary restriction
available in the app.
Example, nag post ang ng
picture sa FB in public, can
you claim that your right to
privacy was violated? No,
kasi at the 1st place naka
public ang account mo. So
dapat nag employ ka ng
privacy measures sa social
media accounts mo.
Q: WHAT IS THE EFFECT IN CASE OF
VIOLATION?
A: Exclusionary rule or “the fruit of the
poisonous tree”
Any evidence obtained in violation
of the Constitution shall be inadmissible
for any purpose in any proceeding.
ARTICLE III SECTION 4
FREEDOM OF EXPRESSION
Very famous ito class
“No law shall be passed abridging
the freedom of speech, of expression, or
of the press, or of the right of the people
peaceably to assemble and petition the
government for redress of grievances
(Art. III,Sec. 4, 1987 Philippine
Constitution). “
Q: WHAT ARE THE RIGHTS UNDER
FREEDOM OF EXPRESSION?
1. Freedom of speech;
2. Freedom of the press;
3. Right of assembly and to petition the
government for redress of
grievances;
4. Right to form associations or
societies not contrary to law;
5. Freedom of religion; and
6. Right to access to information on
matters of public concern.
Q: WHAT ARE THE LIMITATIONS ON
FREEDOM OF EXPRESSION
1. It should be exercised within the
bounds of laws enacted for the
promotion of social interests and the
protection of other equally important
individual rights such as:
o Laws against obscenity,
libel and slander (contrary
to public policy);
o Right to privacy of an
individual;
2. Right of state/government to be
protected from seditious attacks;
3. Legislative immunities;
a. Fraudulent matters;
b. Advocacy of imminent lawless
conducts;
c. Fighting words;
ARTICLE III SECTION 5
FREEDOM OF RELIGION
Art. III, Sec. 5 states that “No law shall be
made respecting an establishment of
religion, or prohibiting the free exercise
thereof.”
Q: WHAT ARE THE RIGHTS UNDER
SECTION 5 FREEDOM OF RELIGION?
Answer: There are two rights
1. Non-establishment clause; and
2. Free exercise clause.
. GUARANTEED UNDER SEC. 6
NON- ESTABLISHMENT CLAUSE
The non-establishment clause states that
the State cannot:
1. Set up a church;
2. Pass laws which aid one or all
religions or prefer one over
another;
3. Influence a person to go to or stay
away from church against his will;
and
4. Force him to profess a belief or
disbelief in any religion
FREE EXERCISE CLAUSE
This means the every person can
exercise his faith and religion SO long
that it is not contrary to law, public
morals, public policy
Ex. If it is in your faith that you will
worship a “cow” or a “tree” it is OK. In fact
it is constitutional. Kahit anong sambahin
nyo basta it is not contrary to law, public
morals and public policy.
ARTICLE III SECTION 6
LIBERTY OF ABODE AND FREEDOM
OF MOVEMENT
Q: WHAT ARE THE IGHTS
Answer: There are two (2)
1. Freedom to choose and change
one’s place of abode; and
2. Freedom to travel within the
country and outside.
Q: WHAT ARE THE LIMITATIONS OF
THIS RIGHT?
The liberty of abode may be impaired
only:
a. Upon lawful order of the court and;
and
b. Within the limits prescribed by law.
Examples:
1. Persons in the danger zone areas
(e.g., Mt. Pinatubo, Taal Volcano) may
be relocated to safer areas and
evacuation centers in case of danger and
emergency to save lives and property.
2. Insane persons who roam around in
Roxas Boulevard may be committed by
the government to the National Mental
Hospital for appropriate treatment and
medical attention.
Q: WHAT ARE THE LIMITATIONS ON
THE RIGHT TO TRAVEL ?
 a. Interest of national security; inspect and copy them at his
b. Public safety; and expense.
c. Public health. B. The exercise is also subject to
reasonable regulations to protect
the integrity of public records and
to minimize disruption of
government operations.
ARTICLE III SECTION 7

RIGHT TO INFORMATION
Questions:

Q: WHAT IS THE PURPOSE OF RIGHT Discuss the special law

TO INFORMATION? prohibiting and penalizing secret
recording of conversations either through
The purpose is to promote wiretapping or tape recorders.
transparency in policymaking and in the
operations of the government, as well as
provide the people sufficient information Give three (3) instances when
to exercise effectively other constitutional Intrusion maybe allowed.
rights.

With regard to this lessons, kindly

Q: WHAT ARE THE INFORMATIONS elaborate and relate the phrase “the fruit
UNDER SECTION 7? ( meaning to say, of the poisonous tree” in line with
ano ung mga information na available ug evidence.
pwde mahibal-an sa public).
Answer
1. Official records;
2. Documents and papers pertaining
to official acts, transactions and
decisions; and
3. Government research data used
in formulating policies (Article 3,
Section 7, 1987 Constitution).

NOTE:
A. The right only affords access to
records, documents and papers,
which means the opportunity to