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Right of privacy of communications

and correspondence.
Right of privacy
• The right to be left alone, to be free from
unwarranted publicity, or disclosure and
as the right to live without unwarranted
interference by the public in matters with
which the public is not necessarily
concerned.(Ople v. Torres)
Shall be INVIOLABLE except:

1. Upon lawful order from the court.

2. When public safety or order requires otherwise as

prescribed by law. (subject to police power of the
• Indeed the documents and papers in question are inadmissible in
evidence. The constitutional injunction declaring “the privacy of
communication and correspondence [to be] inviolable”3 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. The only exception to
the prohibition in the Constitution is if there is a “lawful order [from a]
court or when public safety or order requires otherwise, as
prescribed by law.”4 Any violation of this provision renders the
evidence obtained inadmissible “for any purpose in any
• The intimacies between husband and wife do not justify any one of
them in breaking the drawers and cabinets of the other and in
ransacking them for any telltale evidence of marital infidelity. A
person, by contracting marriage, does not shed his/her integrity or
his right to privacy as an individual and the constitutional protection
is ever available to him or to her.(Zulueta v. CA)
• In Katz v. US, the US Supreme Court extended the
coverage of the right to privacy even to telephone booths
and other public places, declaring, in part, (a) that an
enclosed telephone booth is an area where, like a home,
and unlike a field, a person has a constitutionally
protected reasonable expectation of privacy; (b) that
electronic as well as physical intrusion into a place that is
in this sense private may constitute a violation of the
Fourth Amendment;……. (Cruz, Constitutional Law).
• In Sps. Bill & Victoria Hing v. Choachuy, the
Supreme Court clarified that the protection to
privacy under Article 26 of the Civil Code should
not be confined to his house or residence as it
may extend to places where he has a right to
exclude the public or deny them access. The
phrase ‘prying into the privacy of another’s
residence’, therefore, covers places, locations,
or even situations which an individual considers
as private. And as long as his right is recognized
by society, other individuals may not infringe on
his right to privacy. (Cruz)
• The writ of habeas data was conceptualized as a
judicialremedy enforcing the right to privacy, most
especially the right to informational privacy of
individuals. The writ operates to protect a person’s right
to control information regarding himself, particularly in
the instances where such information is being collected
through unlawful means in order to achieve unlawful
ends. Needles to state, an indispensable requirement
before the privilege of the writ may be extended is the
showing, at least by substantial evidence, of an actual, or
threatened violation of the right to privacy in life, liberty
or security of the victim. (Roxas v. Macapagal- Arroyo) It
should not issue for purposes of “fishing expeditions” or
on the basis of labor- related issues.(Cruz)
• The provision, when taken in its proper
context, as a whole, irresistibly conveys the
idea that habeas data is a protection against
unlawful acts or omissions of public officials
and of private individuals or entities engaged
in gathering, collecting, or storing data about
the aggrieved party and his or her
correspondences, or about his or her family.
Such individual or entity need not be in the
business of collecting or storing data.(Vivares
v. STC)
• Before one can have an expectation of
privacy in his or her OSN activity, it is first
necessary that said user, in this case the
children of petitioners,manifest the intention
to keep certain posts private, through the
employment of measures to prevent access
thereto or to limit its visibility.36 And this
intention can materialize in cyberspace
through the utilization of the OSN’s privacy
tools. In other words, utilization of these
privacy tools is the manifestation,in cyber
world, of the user’s invocation of his or her
right to informational privacy. (Vivares v.
Art 3, Sec. 4.
Freedom of expression-

free speech

Free press
Right of assembly

Right of petition
What do “speech”, “expression” and “press” include?

They include every form of expression whether oral,

written, tape, or disc recorded. It also includes movies as
well as what is referred to as symbolic speech such as the
wearing of an armband as a symbol of protest. Peaceful
picketing has also been included within the meaning of
speech. (Bernas).

No prior restraint ,prohibited:

-means official government restrictions on the press
or other forms of expression in advance of actual
publication or dissemination.(Bernas).
2 aspects of Freedom of Expression
1. Prior Restraint- official government restrictions on the
press or other forms of expression in advance of actual
publication or dissemination are constitutionally
2. Subsequent Punishment- the guarantee of freedom of
expression also means a limitation on the power of the
State to impose subsequent punishment after
What are the exceptions to freedom from prior

1. When the nation is at war.

2. Obscene publications.
3. Security of community life my be protected
against incitements to violence or overthrow of
orderly government. (Near v. Minnesota, 283 US,
697, 1931)
3 tests in regulating:

1.The dangerous tendency test

2. The clear and present danger test
3. The balancing of interests test
Dangerous Tendency rule

• Speech may be curtailed or punished

when it “creates a dangerous tendency
which the State has the right to prevent”..
All it requires, for speech to be
punishable, is that there be a rational
connection between the speech and the
evil apprehended( Bernas).
“Clear and present danger rule”

> The abridgement of the liberty can be

justified only where there exists
substantial danger that the speech will
likely lead to an evil the government
has the right to prevent.
Balancing of interests Test
• Rests on the theory that it is the Court’s function
in the case before it when it finds public interests
served by legislation on the one hand and First
Amendment freedoms affected by it on the
other, to balance the one against the other and to
arrive at a judgment where the greater weight
shall be placed… Constitutional freedoms may
be abridged to some extent to serve appropriate
and important interests (Bernas, cited in
Gonzales v Comelec, 1969)
Obscenity & Decency
Test for obscenity:
basic guidelines:
a. whether the average person, applying
community standards would find that the work,
taken as a whole, appeals to the prurient interest…
b. whether the work depicts or describes, an
a patently offensive way, sexual conduct
specifically defined by the applicable state law,
c. whether the work, taken as a whole lacks
serious literary, artistic, political, or scientific
value. (Miller v. California, 1973).
François-Marie Arouet (1694 – 1778)

“I may not agree wIth what you say, but I wIll defend to
death your rIght to say It.”
• The freedom of expression is a fundamental principle of our democratic
government. It "is a 'preferred' right and, therefore, stands on a higher level
than substantive economic or other liberties. x x x [T]his must be so because
the lessons of history, both political and legal, illustrate that freedom of
thought and speech is the indispensable condition of nearly every other
form of freedom."
• Our Constitution clearly mandates that no law shall be passed abridging
the freedom of speech or of the press. In the landmark case Gonzales v.
Comelec, this Court enunciated that at the very least, free speech and a free
press consist of the liberty to discuss publicly and truthfully any matter of
public interest without prior restraint.
• The freedom of expression is a means of assuring individual self-
fulfillment, of attaining the truth, of securing participation by the people in
social and political decision-making, and of maintaining the balance
between stability and change.It represents a profound commitment to the
principle that debates on public issues should be uninhibited, robust, and
wide open. It means more than the right to approve existing political beliefs
or economic arrangements, to lend support to official measures, or to take
refuge in the existing climate of opinion on any matter of public
consequence. And paraphrasing the eminent justice Oliver Wendell
Holmes, we stress that the freedom encompasses the thought we hate, no
less than the thought we agree with. (ABS-CBN Broadcasting Corp. vs.
COMELEC , GR # 133486, Jan. 28, 2000)
• The freedom of the press is one of the cherished
hallmarks of our democracy; but even as we
strive to protect and respect the fourth estate,
the freedom it enjoys must be balanced with
responsibility. There is a fine line between
freedom of expression and libel, and it falls on
the courts to determine whether or not that
line has been crossed.(Tulfo v. People, 2008)
Art. 3 sec. 5
Religious Freedom
• Religion (from O.Fr. religion "religious
community," from L. religionem (nom. religio)
"respect for what is sacred, reverence for the
gods,"[2] "obligation, the bond between man and
the gods"[3]) is derived from the Latin religiō, the
ultimate origins of which are obscure. One
possibility is derivation from a reduplicated *le-
ligare, an interpretation traced
to Cicero connecting lego "read", i.e. re(again)
+ lego in the sense of "choose", "go over again" or
"consider carefully". (Wikipedia)
2 Principal parts
• 1. The non- establishment clause
• 2. The free exercise clause

The first prohibits the establishment of any

religion and the second guarantees the free
exercise of religion.
Non-establishment clause

“Neither a State nor the Federal government can

set up a church. Neither can pass laws which aid
one religion, aid all religions, or prefer one religion
over another…Neither..can, openly or secretly,
participate in the affairs of any religious
organizations or groups and vice versa. Board of
Education v. Everson, 1946 (Bernas).
Free exercise of religion
• The constitutional inhibition of legislation on the subject
of religion has a double aspect. On the one hand, it
forestalls compulsion by law of the acceptance of any
creed or the practice of any form of worship. Freedom of
conscience and freedom to adhere to such religious
organization or form of worship as the individual may
choose cannot be restricted by law. On the other hand, it
safeguards the free exercise of the chosen form of
religion. Thus, the Amendment embraces two concepts -
- freedom to believe and freedom to act. The first is
absolute, but, in the nature of things, the second cannot
be. Cantwell v Connecticut, 1940 (cited in Bernas).
2 aspects of free exercise of religion (of religious
1. Freedom to believe in a religion
- an absolute right and cannot be

2. Freedom to act in accordance with such belief-

translation of belief to external acts, it can be
regulated and subject to police power
(Employment Div. v. Smith US 1990)
Manifestations of separation of Church
and State:
1. Freedom of religion clause;
2. Non- establishment of religion clause;
3. No religious test clause;
4. No sectoral representative from religious sector
(Art. VI. Sec.5(2));
5. Prohibition against appropriation for sectarian
benefits (Art.VI. Sec 29 (2);and
6. Non- registration of religious denominations
and sects as political parties (Art. IX-C, sec. 2
(5). (Duka, Constitutional Law)
Art. 3 sec. 6
• Liberty of Abode
• Liberty to Travel

These rights may be limited:

- The liberty of abode may be limited only upon lawful
order of the court whereas the right to travel may be
limited by administrative authorities as may be provided
by law in the interest of national security, public safety
or public health.
Art.3, sec. 7
Rights guaranteed:
1. The right to information on matters of public concern;
2. Right of access to official records and documents .

“Subject to such limitations as may be provided by law”.

Some of the recognized limitations:

1. National security matters;
2. Trade secrets and banking transactions;
3. Criminal matters or classified law enforcement matters..
4. Other confidential matters (diplomatic correspondence.
ART. 3, sec. 8
• Right to form associations, union, society.

The right to form associations shall not be
impaired except through a valid exercise of police power.
It is an aspect of the general right of liberty. More
specifically, it is an aspect of freedom of contract; and in
so far as associations may have for their object the
advancement of beliefs and ideas, freedom of association
is an aspect of expression and of belief.
The guarantee also covers the right not to join an
association. (Bernas)
May employees in the public service engage in strikes?

Answer: No, it is relevant to state at this point that the

settled rule in this jurisdiction is that employees in the
public service may not engage in strikes, mass leaves,
walkouts, and other forms of mass action that will lead in
the temporary stoppage or disruption of public service.
(SSS Employees Association v. CA, 1989)
Art 3, sec. 9
Essential or Inherent powers of government:
1.EMINENT DOMAIN (section 9)
Power of eminent domain
- Is the right or power of the State or of those to
whom the power has been lawfully delegated to
take (or expropriate) private property for public
use upon paying to the owner a just
compensation to be ascertained according to
• The right of the sovereign power to
appropriate, not only the public, but even
the private property of all citizens within
the territorial sovereignty, to public
purposes. This power is exercised by the
national government but may be
delegated to local government and public
What are the elements of the exercise of the
power of eminent domain?
1. there is “taking” of private property;
2. the taking must be for needed “public
3. there must be “just compensation.”

4. Due process of law (Art 3 sect. 1)

What is just compensation?

Ans. A sum equivalent to the market value

of his property, paid within a reasonable

“Market value” is generally defined as the

fair value of the property as between one
who desires to purchase but is not forced to
buy, and one who desires to sell but is not
compelled to part with his property.
Police Power
The Power of the State to enact such laws or regulations in
relation to persons and property as may promote public
health, public morals, public safety, and the general
welfare and convenience of the people.
Power of the State to impose charge or burden upon
persons, property, or property rights, for the use and
support of the government and to enable it to discharge
its appropriate functions.
Art. 3 sec 10.
Obligation of a contract- is the law or duty which binds the
parties to perform their agreement according to its intent
or terms, , if it is not contrary to law , morals, good
customs, public order, or public policy.
• When may a law be said to have impaired the
obligation of contracts?
ANSWER. A law which changes the terms of a
legal contract between 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, is a law which impairs the obligation of a contract
and is null and void. Clemens v. Nolting, 1922 (Bernas).
Art 3, sec 11.
Free access to the courts and quasi- judicial bodies
and adequate legal assistance shall not be denied
to any person by reason of poverty.
Art 3., sec. 12
(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 vitiate the free will shall be used
against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are
(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 the
rehabilitation of victims of torture or similar practices,
and their families.
Right to remain silent
Right to have a lawyer
• Assistance of counsel (right to assistance
of counsel)-
The right of a person under
investigation is to " have a competent and
independent counsel preferably of his own
choice". The purpose is to preclude the
slightest coercion as would lead the accused
to admit something else. (People vs Evanoria).
No torture, force, threat,
Section 13. All persons, except those charged with
offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or
be released on recognizance as may be provided
by law. The right to bail shall not be impaired
even when the privilege of the writ of habeas
corpus is suspended. Excessive bail shall not be
• Bail- The security given for the release of a
person in custody of law, furnished by
him or a bondsman, conditioned upon his
appearance before any court as required.

Bail may be given in the form of corporate

surety, property bond, cash deposit, or
recognizance. (SEC. 1, Rule 114, ROC).
Bail- is a security required by the court and given for the
provisional or temporary release of a person who is in
the custody of the law conditioned upon his appearance
before any court as required under the conditions
• Section 14. (1) No person shall be held to answer for a
criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and counsel,
to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial,
to meet the witnesses face to face, and to have
compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed
notwithstanding the absence of the accused: Provided,
that he has been duly notified and his failure to appear is
The Right to presumption of
• Right to speedy, impartial and public trial
 The term "speedy" means free from vexations,
capricious, and oppressive delays.
• Impartial trial meant that the accused is entitled to cold
neutrality of an impartial judge, one who is free from
interest or bias.
• Trial must be public in order to prevent possible abuses
which may be committed against the accused. The
attendance at the trial is open to all, irrespective of their
relationship to the accused.

XPN: If the evidence to be adduced is "offensive to

decency or public morals," the public may be excluded.
Section 15. The privilege of the writ of
habeas corpus shall not be suspended
except in cases of invasion or rebellion,
when the public safety requires it.

writ of habeas corpus > is an order issued by a

court of competent jurisdiction, directed to the person
detaining another, commanding him to produce the
body of the prisoner at a designated time and place, and
to show sufficient cause for holding in custody the
individual so detained.
Section 16. All persons shall have the right
to a speedy disposition of their cases
before all judicial, quasi-judicial, or
administrative bodies.

“ Justice delayed is justice denied”

Section 17. No person shall be compelled to
be a witness against himself.

Right against self- incrimination.

Section 18. (1) No person shall be detained
solely by reason of his political beliefs and
(2) No involuntary servitude in any form
shall exist except as a punishment for a
crime whereof the party shall have been
duly convicted.
Section 19. (1) Excessive fines shall not be imposed,
nor cruel, degrading or inhuman punishment
inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter
provides for it. Any death penalty already
imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological,
or degrading punishment against any prisoner
or detainee or the use of substandard or
inadequate penal facilities under subhuman
conditions shall be dealt with by law.
Section 20. No person shall be imprisoned
for debt or non-payment of a poll tax.
Section 21. No person shall be twice put in
jeopardy of punishment for the same
offense. If an act is punished by a law and
an ordinance, conviction or acquittal
under either shall constitute a bar to
another prosecution for the same act.

Right against double jeopardy.

• Double Jeopardy-
1. valid compliant or information
2. Filed before competent court;
3. To which the defendant pleaded,
4. Defendant was previously acquitted
or convicted, or the case dismissed or otherwise terminated
without his express consent.
Section 22. No ex post facto law or bill of
attainder shall be enacted.