Ybañez/Rosales

Bill of Rights
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 in any proceeding.

1. Q: What is the meaning of PRIVACY?

A: Basically, the definition of privacy is an individual’s right to be let alone. It is the
state or condition of being free from being observed or disturbed by others.
(dictionary.com)

2. Q: What is COMMUNICATION?
A: Communication is simply the act of transferring information from one place,
person or group to another. Every communication involves (at least) one sender,
a message and a recipient. The transmission of the message from sender to
recipient can be affected by a huge range of things. These include our emotions,
the cultural situation, the medium used to communicate, and even our location.
(skillsyouneed.com)

3. Q: What is CORRESPONDENCE?
A: Correspondence refers to communication by the exchange of letters. It also
means the letters written or received. The letters written by one to another, and
the answers thereto, make what is called the correspondence of the parties.
(definitions.uslegal.com)

4. Q: What is the meaning of the right to privacy of communication and

correspondence?
A: The right to privacy of communication and correspondence allows persons to
correspond and communicate with each other without the State having a right to
pry into such correspondence and communication.

5. Q: What is INVASION OR INTRUSION OF PRIVACY?

A: Invasion of communication and correspondence is one kind of search. However
the subject of search is not a tangible object but an intangible one, such as
telephone calls, text messages, letters, and the like. These forms of
communication and correspondence may be intruded into by means
of wiretapping or other means of electronic eavesdropping.
(tamayaosbc.wordpress.com)

6. Q: What does the Constitution prohibit in this particular provision?

A: What the constitution prohibits is GOVERNMENT INTRUSION, by means of
wiretapping or electronic eavesdropping, into the privacy of communication
without a lawful court order or when public safety and order does not demand.
(tamayaosbc.wordpress.com)
7. Q: What are the rules to be observed in this provision?
A: As a rule, the government cannot intrude into the privacy of communication and
correspondence. The exceptions are: (a) when the court allows the intrusion, and
(b) when public safety and order so demands. (tamayaosbc.wordpress.com)

8. Q: Is invasion of privacy a crime in the Philippines?

A: Yes. The law itself recognizes invasion of privacy as a criminal offense. The law has
provisions that affect and protect the right to privacy.

9. Q: What are the statutory reinforcements on the exercise of the right to privacy of
communication and correspondence?
A: To reinforce these constitutional provisions, the Congress has passed laws that
recognize and protect the zones of privacy of an individual. These laws include: (a)
The Civil Code of the Philippines; (b) The Revised Penal Code; (c) Anti-Wire Tapping
Act; (d) The Secrecy of Bank Deposits; and (e) Intellectual Property Code.
(tamayaosbc.wordpress.com)

10. Q: What is R.A. 4200 or the Anti-Wiretapping Act all about?

A: R.A. 4200 or the Anti-Wire Tapping Act, as a reinforcement of privacy of
communication, is a law which prohibits a person not authorized by all the parties
to any private communication, to wiretap or use any devise to secretly overhear,
intercept, record, or communicate the content of the said communication to any
person. (tamayaosbc.wordpress.com)

11. Q: Can wiretapping be allowed in some instances?

A: Wiretapping or the use of record may be permitted in civil or criminal proceedings
involving specified offenses principally affecting national security, and only with
previous authorization by the court which must comply with the requirements of a
warrant. The authority is effective only for sixty days.
(tamayaosbc.wordpress.com)

12. Q: What is WRIT OF HABEAS DATA?

A: The writ of habeas data is a remedy available to any person whose right to privacy
in life, liberty, or security is violated or threatened to be violated by an unlawful
act or omission of a public official or employee, or of a private individual or entity
engaged in the gathering, collecting or storing of data or information regarding
the person, family, home, and correspondence of the aggrieved party.
(tamayaosbc.wordpress.com)

13. Q: What is the Exclusionary Rule of Section 3?

A: The exclusionary rule states that any evidence unlawfully obtained is inadmissible
as evidence before the courts as provided in Section 3(2). The same rule is applied
to any evidence taken in violate of R.A. 4200. The rule is also called Fruit of the
Poisonous Tree Doctrine. The name of the doctrine metaphorically describes what
happens to an “evidence” (fruit) taken through “unlawful means” (poisonous
tree). The evidence-fruit is discarded because it may infect or destroy the integrity
of the case and forfeit the purpose of the law. (tamayaosbc.wordpress.com)