Communication is an essential outcome of protected speech.

WHEN COMMUNICATION EXISTS:

1. A speaker, seeking to signal others, uses conventional actions because he or she reasonably believes
that such actions will be taken by the audience in the manner intended; and

2. The audience so takes the actions. In communicative action, the hearer may respond to the claims by
either accepting the speech act's claims or opposing them with criticism or requests for justification.
(Diocese of Bacolod v COMELEC, G.R. No. 205728, 21 Jan. 2015)

Information and Communication System

This refers to a system of generating, sending receiving, storing, or otherwise processing electronic data
messages or electronic documents and includes the computer system or other similar devices by or in
which data are recorded or stored. (Sec. 1, Rule 2, Electronic Rules on Evidence)

Correspondence

It is a communication by means of letters; or it may refer to the letters which pass between those who
have friendly or business relations. (Reyes, 2017)

Forms of Correspondence covered:

1. Letters;
2. Messages;
3. Telephone calls;
4. Telegrams and the like.

PRIVATE AND PUBLIC COMMUNICATIONS

Anti-Wire Tapping Act (R.A. No. 4200)

A special law prohibiting and penalizing secret recording of conversations either through wire-tapping or
tape recorders. It provides penalties for specific violations of private communication.

It shall be unlawful for any person, not being authorized by all the parties to any private communication
or spoken word, to tap any wire or cable, by using any other device or arrangement, to secretly overhear,
intercept, or record such communication or spoken word by using a device commonly known as a
Dictaphone or dictagraph or detectaphone or walkie-talkie or tape-recorder, or however otherwise
described. (Sec. 1, R.A. No. 4200)

Prohibited Acts

1. To Tap any wire or cable, or by using any other device or arrangement, to secretly overhear,
intercept, or record such communication or spoken word by using a device commonly known as
a dictaphone or dictagraph or detectaphone or walkie-talkie or tape recorder, or however
otherwise described by any person, not being authorized by all the parties to any private
communication or spoken word;
 2. To knowingly Possess any tape record, wire record, disc record, or any other such record, or
copies thereof, of any communication or spoken word secured either before or after the
effective date of this Act in the manner prohibited by this law:
3. To Replay the same for any other person or persons:
4. To Communicate the contents thereof, either verbally or in writing; or
5. To furnish Transcriptions thereof, whether complete or partial, to any other person.

Exceptions

Under Sec. 3 of R.A. No. 4200, a peace officer, who is authorized by a written order of the Court, may
execute any of the acts declared to be unlawful in Sec. 1 and Sec. 2 of the said law in cases involving the
crimes of:

1. Treason;
2. Espionage;
3. Provoking war and disloyalty in case of war; 4. Piracy and mutiny in the high seas;
4. Rebellion (conspiracy and proposal and inciting to commit included);
5. Sedition (conspiracy, inciting included)
6. Kidnapping and
7. Violations of C.A. 616 (punishing espionage and other offenses against national security).

DIFFERENT ZONES OF PRIVACY ARE CREATED BY DIFFERENT CONSTITUTIONAL PROVISIONS:

SEC. 2, ART. 3 creates a zone of privacy of one's person, house, papers and effects against the
government.

SEC. 3 creates a zone of privacy on one's communication and correspondence against any person,
whether government or private individual.

LETTER

There may be an instance when an evidence may have the characteristic of a paper and communication.
Paper is covered by SEC. 2, communication is covered by SEC. 3. A letter is both a paper and
communication.

RECONCILE WON THE PAPER IS ADMISSIBLE: If a letter is procured by a private individual without the
consent of the owner, do we apply SEC. 2 or SEC. 3? Can we say that that letter is a paper, it is covered by
SEC. 2 which can only be violated by the Government? Since it is a private individual who procured the
letter, the letter is admissible applying PEOPLE V. MARTI.

On the other hand, can we say that letter is also a communication, hence, covered by SEC. 3 and
according to the Supreme Court in ZULUETA V. CA, SEC. 3 can also be violated by a private person,
therefore inadmissible.

QUESTION: Can we say that both are applicable?

YES, both are applicable. The single evidence is admissible and inadmissible at the same time. The
admissibility or inadmissibility of that evidence depends on its purpose. If the letter is offered as an
object evidence, Sec. 2 shall apply. Hence, admissible because it is a private individual who obtained that
letter. But if the letter is being offered as documentary evidence, Sec. 3 shall apply and there is a
violation of the right to privacy even if the person who procured it is a private individual.

DO LAWS ALSO CREATE ZONES OF PRIVACY?

 Torts makes it actionable on prying into the privacy of one's neighbor

 Intellectual property code creates a zone of privacy for trade secrets
 Bank Security Law creates zones of privacy by making it private banking transactions
 Data Privacy Act and Anti Wire-Tapping Act (RA 4200) create zones of privacy