Bill of RightsBill of Rights(1987 Philippine (1987 Philippine

Constitution)Constitution)

Article-III, Section-3

“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.”

What is the meaning of right to privacy and communication?

• It is defined as the right to be left alone,

• right to be free from unwarranted publicity;

• the right to live without unwarranted interference by the public in matters with which the public is not necessarily concerned.

What is the purpose of the provision?• To recognize that a person may

communicate and correspond to each other without the state having the right to pry into such communication and correspondence subject to the police power of the state.

• What are the limitations on the Right?

- If the interference is made upon lawful order of the court ( meaning with a valid warrant)

- When public safety or order requires otherwise as prescribed by law ( valid exercise of police power.)

Case:

• In a case for concubinage, the wife together with the help of a police officer forcibly taken from the cabinet of the husband some documents, correspondence, love letters, pictures, etc. which she presented as evidence.

• Are those documents, papers, and letters admissible in evidence?

Answer:

• No, because it is in violation on the right of the husband to privacy of communication, those papers being unlawfully seized.

• It is in pursuant to par. 2 of Section 3, Article III – the exclusionary rule.

What will happen to those illegally obtained evidences?

• Since they are not admissible in evidence, the owner has the right for their return, unless they are in themselves prohibited by law such as unlicensed firearms, pick locks and illegal drugs.

What do you think is the reason for the exclusionary rule?

• This is the only practical way of enforcing this constitutional guarantee of right against unreasonable searches and seizure and the right to privacy of communication and correspondence.

Article-III, Section-3• Explanation:

Every person has the right to keep his communication or correspondence a secret. His communication with others by phone or by letter is a personal or private matter that nobody should intrude upon.But this right can be lawfully suspended upon order of the court if the safety and security of the people is at stake.

Article-III, Section-3• Illustration:

A telephone conversation between two (2) drug pushers secretly recorded by police officers by tapping its wire without court order is not acceptable as evidence in court due to the privacy of communication enshrined in the Philippine Constitution.

Article-III, Section-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.”

Article-III, Section-4

“Hindi dapat magpatibay ng batas na nagbabawas sa kalayaan sa pananalita, pagpapahayag, o ng pamamahayag, o sa karapatan ng mga taong-bayan na mapayapang makapag-tipon at magpetisyon sa pamahalaan upang ilahad ang kanilang mga karaingan.”

Filipino Translation:

Article-III, Section-4

1. Freedom of Speech

2. Right to a Free Press

3. Freedom of Assembly

4. The Right of Petition

Four (4) Important Rights Embodied in Article III, Section 4:

Article-III, Section-4

1. Freedom of Speech – means an individual is free to speak or utter whatever he wants without prior restraint.

1. Right to a Free Press – means an individual is free to write, publish, and circulate whatever he pleases without restraint.

• Speech and expression refer to any form of oral utterances, while press covers every sort of publication such as newspapers, magazines, books, leaflets, and the like. Radio and television are also included.

• Freedom of speech and expression and freedom of the press are collectively called Freedom of Expression.

Article-III, Section-4

3. Freedom of Assembly – refers mainly to peaceful demonstrations or consultations related to public affairs.

3. The Right of Petition - to take up one’s grievances with government without fear of persecution.

Article-III, Section-4 Freedom of Speech is not

absolute, neither is a Free Press.

Limitations to Freedom of Speechi. Severe calumny or untrue statementsii. Anything lewd or obscene;iii. Anything that provokes violence or disorder;iv. Seditious messages;v. “Clear and present danger”.

Article-III, Section-4

Forms of Calumny1. Libel - untruthful information/character

assassination in written, and using print or broadcast media.

2. Slander - spoken untruthful information / character assassination .

Clear and Present Danger – if the uttered threat seems serious (i.e. the intent appears to be serious), immediate, grave and realistic.

What is the importance of the Freedom?

• promotes growth of the individual and of the nation

• makes possible scrutiny of acts and conducts of public officers ( doctrine of fair comments)

• ensures a responsive and popular government

What is the doctrine of Fair Comment?

• This doctrine provides that the discreditable imputation directed against public officials in their public capacity is not necessarily actionable.

Article-III, Section-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 tests shall be allowed for the exercise of civil or political rights..”

Article-III, Section-5

“Hindi dapat magbalangkas ng batas para sa pagtatatag ng relihiyon, o nagbabawal sa malayang paggamit nito.  Dapat ipahintulot magpakailanman ang malayang paggamit at pagtamasa ng pagpapahayag ng relihiyon at pagsamba nang walang pagtatangi o pamimili.   Hindi dapat kailanganin ang pagsusulit pangrelihiyon sa paggamit ng karapatang sibil o pampulitika.”

Filipino Translation:

Article-III, Section-5

This provision is an implement to the doctrine of separation of church and state.

What is religious freedom? It is the right of man to worship God,

to entertain such religious views as appeal to individual conscience without dictation or interference by any person or power, civil or ecclesiastical.

Aspects of religious freedom1. Freedom to believe

- Exercise is absolute- The individual is free to believe or disbelieve as

he pleases concerning the Hereafter

2. Freedom to act on one’s belief- the exercise is subject to regulation- When belief is externalized and affects the

public, the freedom to do so becomes subject to the authority of the state.

Case:• A religious organization has a weekly TV

program which presents and propagates its religious doctrines and compare their practices with those of other religion. When MTRCB found as offensive several episodes of the program, the organization was required to submit its tapes for review prior to airing.

• Is there a valid interference on the exercise of religious freedom? Can the Religious org. invoke its freedom of Expression and Freedom of Religion?

Answer:• The religious organization cannot

invoke its right to freedom of expression because said freedom is subject to the police power of the state, when the common good so require. Since the utterances made are injurious to the public specially to the viewing kids, said speech can be curtailed by the government.

• As to the right of religious freedom of the organization, the same cannot be upheld. When the organization started to presenting its program over TV, it went into the realm of action. The right to act on one’s religious belief is not absolute and is also subject to the police power of the state for the protection of general welfare. Hence, the tapes may be required to be reviewed before airing by the MTRCB.

Article-III, Section-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. The right to travel shall not be impaired except in the interest of national security, public safety, or public health, as may be provided by law ”

Article-III, Section-6

“Hindi dapat bawalan ang kalayaan sa paninirahan at ang pagbabago ng tirahan sa saklaw ng mga katakdaang itinatadhana ng batas maliban sa legal na utos ng hukuman.  Ni hindi dapat bawalan ang karapatan sa paglalakbay maliban kun para sa kapakanan ng kapanatagan ng bansa, kaligtasang pambayan, o kalusugang pambayan ayon sa maaaring itadhana ng batas.”

Filipino Translation:

What is this right of Liberty of Abode?

it includes the right to choose one’s residence, to leave it whenever one pleases, within the limits prescribed by law

What is the right to travel? it is the right to travel where one wills,

and to return to his place of residence except in the interest of national security, public safety, and health.

Case illustrations:

• Ferdinand Marco’s case

• Foreigners considered as persona non grata are deported

• Persons facing criminal charges may be restrained by the court from leaving the country, or if abroad, compelled to return.

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