“ Sec. 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
in any proceeding.

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Sec. 3
The right to be left alone or to be free from undesired
Right to publicity without unwarranted interference by the public in
Privacy matters with which the public is not necessarily concerned.

General Rule: The government cannot intrude into the

privacy of communication and correspondence.

Exceptions:
a. When the court allows the intrusion; and
b. When public safety and order so demands.

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Sec. 3 ▫ Requisites of the existence of the right to privacy
Right to Subjective: A person has exhibited an actual expectation of
Privacy privacy; and
Objective: The expectation be one that society is prepared to
recognize as reasonable.

▫ Forms of correspondence and communication covered:

▪ Letters
▪ Messages
▪ Phone calls
▪ Telegrams
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▪ Others analogous to the foregoing
Intrusion,
▫ General Rule: An encroachment on the right to
when and
how privacy is invalid when there is a reasonable
allowed expectation of privacy and if there is no compelling
state interest.

▫ When Allowed:
1. By lawful order of the court;
2. When public safety or public order requires
otherwise as may be provided by law.

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1. By ▫ Probable cause in Sec. 2, Art. III should be followed for
lawful the court to allow intrusion. Particularity of description is
order of the needed for written correspondence, but if the intrusion is
court done through wire-taps and the like, there is no need to
describe the content.

▫ However, identity of the person or persons whose

communication is to be intercepted, and the offense or
offenses sought to be prevented, and the period of the
authorization given should be specified.

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2. When public
safety or public ▫ In Ayer Productions Pty. Ltd. v. Capulong it was held that the
order requires right to be let alone is not an absolute right. A limited intrusion
otherwise as to a person’s privacy has long been regarded as permissible
may be where that person is a public figure and the information sought
provided by to be elicited from him or to be published about him constitute
law
matters of public character. The interest sought to be
protected by the right to privacy is the right to be free from
unwarranted publicity, from the wrongful publicizing of the
private affairs and activities of an individual which are
outside the realm of legitimate public concern.

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Sec. 3
Exclusionary Rule / Fruit of the Poisonous Tree Doctrine
Right to
Privacy ▫ The exclusionary rule states that any evidence
unlawfully obtained is inadmissible as evidence before
the courts. This is based on Section 3(2), Article III
which provides that any evidence obtained in violation
of right to privacy of communication or right to due
process of law shall be inadmissible for any purpose in
any proceeding.

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“ Sec. 4. 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.

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Sec. 4
Concept
Freedom of
▫ Free speech and free press may be identified with the
Speech,
Expression, liberty to discuss publicly and truthfully any matter of
and of the public interest without censorship and punishment.
Press Limitations:
1. Slander – oral defamation damaging one’s reputation
2. Libel – published false statements that damage one’s
reputation

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Sec. 4
▫ The right is not limited to vocal communication. Conduct or
Freedom of
symbolic speech is also included.
Speech,
Expression,
Scope – expression and speech include:
and of the
1. Written or spoken words (recorded or not);
Press
2. Symbolic speech (wearing of armbands as a symbol of
protest);
3. Films and television programs.

While the right has a widespread scope, it is not absolute.

Examples of unprotected speech are obscenity, child
pornography, and libel. 10
Freedom of
Assembly ▫ The right to peaceably assemble and petition
for redress of grievances is, together with
freedom of speech, of expression, and of the
press, a right that enjoys primacy in the realm
of constitutional protection.

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“ Sec. 5. No law shall be made respecting an
establishment of religion, or prohibiting the
free exercise thereof. The free exercise and
enjoyment of religious profession and worship,
without discrimination or preference, shall
forever be allowed. No religious test shall be
required for the exercise of civil or political
rights.
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Sec. 5
Non- Purpose
Establishment ▫ The twin clauses of free exercise and non-establishment
and Free
Exercise express an underlying relational concept of separation
Clauses between religion and secular government.
Non-Establishment Clause
▫ 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.

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Sec. 5
Non- Free Exercise Clause
Establishment ▫ It safeguards the free exercise of the chosen form of
and Free
Exercise religion.
Clauses
Ex. Exemption from flag salute in school (Jehovah’s
Witness)

▫ Freedom to believe and freedom to act on one’s belief.

▫ Freedom to believe is absolute, but freedom to act on
one’s belief is subject to regulation.

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Sec. 5
Non- Religious Test
Establishment
and Free
Exercise ▫ A legal requirement to swear faith to a specific religion
Clauses or sect, or to renounce the same.
▫ The constitution expressly provides that “no religious
test shall be required for the exercise of civil or political
rights.”
▫ Ex. Laws prescribing the religious qualification of public
officials, or employees, whether appointive or elective,
or of voters.

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“ Sec. 6. The liberty of abode and of changing
the same within the limits prescribed by law
shall not be impaired except upon lawful order
of the court. Neither shall the right to travel be
impaired except in the interest of national
security, public safety, or public health, as may
be provided by law.

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Sec. 6
Liberty of Abode and Travel
Liberty of
▫ The right of a person to have his home in
Abode and
Travel whatever place chosen by him and thereafter to
change it at will, and to go where he pleases,
without interference from any source, except in
the interest of national security, public safety,
and public health.

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Sec. 6 Limitations
Liberty of ▫ Permissible interference – the right is disqualified by the clauses

Abode and “except upon lawful order of the court” and “except in the interest of
national security, public safety, or public health.”
Travel
▫ The liberty of abode may be impaired only upon lawful order of the
court and within the limits prescribed by law. With respect to the right
to travel, only a court may issue a hold departure order against an
individual addressed to the Bureau of Immigration and Departure.
However, administrative authorities, such as passport-officers, may
likewise curtail such right in the interest of national security, public
safety, or public health, as may be provided by law.

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“ Sec. 7. The right of the people to information on
matters of public concern shall be recognized.
Access to official records, and to documents and
papers pertaining to official acts, transactions, or
decisions, as well as to government research data
used as basis for policy development, shall be
afforded the citizen, subject to such limitations as
may be provided by law.

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Sec. 7
Right to Scope of the right:
Information ▫ All public records.
▫ It is limited to citizens only but it is without prejudice to the
right of aliens to have access to records of a case where they
are litigants.
▫ Its exercise is subject to limitations.

This covers information on matters of public concern. It

pertains to access to official records, documents, and papers
pertaining to official acts, transactions or decisions, as well as to
government research data used as basis for policy development.
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