Professional Documents
Culture Documents
Session 7 Right To Privacy
Session 7 Right To Privacy
Session 7 Right To Privacy
I. THE RIGHT TO
PRIVACY
A. Definition
right to be free from
unwarranted government
intrusion
C. Constitutional Basis
Article III, section 1
Article III, section 2
Article III, section 3
Article III, section 6
Article III, section 8
Article III, section 17
D. Zones of Privacy
Without
Expectation
of Privacy
With Limited
Expectation of
Privacy
With Expectation
of Privacy
E. Expectation of Privacy
privacy
Pollo v. Constantino-David
G.R. No. 181881, October 18, 2011, 659 SCRA 189, 204-205
F. Privacy Issues
II. INFORMATIONAL
PRIVACY
Infor
mati
onal
Priv
acy
Issue:
Whether or not Section 7, Republic Act No. 3019, insofar
as it required periodical submittal of sworn statements of
financial conditions, assets and liabilities of an official or
employee of the government after he had once submitted
such a sworn statement upon assuming office is
UNCONSTITUTIONAL
Issues:
Issues:
III. BODILY
PRIVACY
S
A. In General
Bodily privacy concerns the protection of
B. Levels of Analysis
Obviously a stirring plea can be made showing that under the due process of law clause of
the Constitution every person has a natural and inherent right to the possession and control
of his own body. It is extremely abhorrent to ones sense of decency and propriety to have to
decide that such inviolability of the person, particularly of a woman, can be invaded by
exposure to anothers gaze.... To compel anyone, and especially a woman, to lay bare the
body, or to submit to the touch of a stranger, without lawful authority, is an indignity, an
assault, and a trespass. Conceded and yet, as well as suggested by the same court, even
superior to the complete immunity of a person to be let alone is the interest which the public
has in the orderly administration of justice.
F. Undergoing an ultraviolet
ray examination
H. DNA Sample
Section 17, Article 3 of the 1987 Constitution provides
I. Requiring accused to
undress/ put on garment
November 3, 2008
III. DECISIONAL
PRIVACY
A. Dimensions of Decisional
Privacy
Education/rearing of children
Procreation/ use of contraceptives
Sexual Conduct
Abortion
A. Procreation and
Contraceptives
B. Abortion
We therefore conclude that the right of personal
C. Sexual Conduct
D. Sodomy
The Court struck down the sodomy laws in Texas and
E. Euthanasia
F. Suicide
H. Co-habitation
The Court struck down an ordinance limiting
IV. PRIVACY OF
COMMUNICATIONS
S
A. Constitutional Basis
Article III, Section 3
(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 for any proceeding.
B. Dimensions of Privacy of
Communications
is not absolute.
D. Communication between
husband and wife
The constitutional injunction declaring the
privacy of communication and
correspondence inviolable is no less
applicable simply because it is the wife, who
thinks herself aggrieved by her husband's
infidelity, who is the party against whom the
constitutional provision is to be enforced.
Zulueta v. Court of Appeals, G.R. No. 107383, Feb. 20, 1996
F. Wire-Tapping
V. SEARCHES AND
SEIZURES
A. Constitutional Basis
ARTICLE III BILL OF RIGHTS
B. Availability of the
Protection
Available to all persons,
The right is considered purely personal and the legality of the search
or seizure can be contested only by the party whose rights have been
impaired thereby.
D. Search in the
Constitutional Sense
In the constitutional sense, a search is one conducted by a
(Padilla v. Court of Appeals, G.R. No. 121917, 12 March 1997, 269 SCRA 402)
F. Constitutional Protection
Against Unreasonable Searches
Open Skies Doctrine
curtilage
house
Sense
Enhancement
Concept of Seizure
Seizure may refer to persons or property.
There is seizure of a person if the surrounding
Seizure of Property
Seizure of Property
Abandonment Doctrine
Warrant of Arrest
Same
Specificity of Offense
Same
Probable Cause
Search Warrant
Warrant of Arrest
Personal Determination of
Probable Cause by the Judge
Search Warrant
Warrant of Arrest
Singularity of Offense
The issuance of either a search warrant or a warrant of
Particularity of Persons
Search Warrant
Warrant of Arrest
Not Required
- when there is a mistake in the
name of the person to be searched
does not invalidate the warrant, and
a mistake in the identification of the
owner of the place does not
invalidate the search warrant
provided the place to be searched is
properly described
Required
- the warrant for the apprehension
of an unnamed party is void, except
in those cases where it contains a
description personae such as will
enable the officer to identify the
accused
Particularity of Things
Description is required to be specific only in so far as
Warrantless Searches
Reason
Extent of Search
Search Incident
of Lawful Arrest
carefully limited
search of the outer
clothing of such
person to discover
weapons which might
be used to assault
him
Plainview
Object is exposed to
sight
Plainview Doctrine
(1) the law enforcement officer in search of the
inadvertent;
Checkpoint:
The probable cause that justifies the search of the interior of the vehicle
and of the person of driving it signifies a reasonable ground of suspicion
supported by circumstances sufficiently strong in themselves to warrant a
cautious man's belief that the person accused is guilty of the offense with
which he is charged; or the existence of such facts and circumstances which
could lead a reasonably discreet and prudent man to believe that an offense
has been committed and that the items, articles or objects sought in
connection with said offense or subject to seizure and destruction by law is
in the place to be searched.
Warrantless Arrest
There are two elements that must concur before any police
officer or a private person may effect an in flagrante delicto
arrest, viz: (1) the person to be arrested must execute an overt
act indicating that he has just committed, is actually
committing, or is attempting to commit a crime; and (2) such
overt act is done in the presence or within the view of the
arresting officer.
They should know for a fact that a crime was committed. The
and the time of the arrest. If there was an appreciable lapse between the
arrest and the commission of a crime, a warrant must be secured.
The rule requires that the arrest immediately follows the commission of
the offense. The immediacy contemplated is the time of the commission
of the crime, and not the time the arresting person learned or was
informed of such commission. Thus, where the accused was arrested
some six (6) days after the alleged killing occurred, or even a day after
the incident complained of, or nineteen (19) hours after the commission
of the crime, a hot pursuit arrest cannot be sustained.