Privacy Of Communication and Correspondence

Constitutional Law

SECTION 3 Privacy Of Communication and Correspondence- Philippines Constitution

CASE DOCTRINES

(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 and the preceding section shall be
inadmissible for anypurpose in any proceeding.
A. Exclusionary Rule (Second paragraph of Section 3)
People v. Marti package bound for Switzerland The Bill of Rights is not meant to
be invoked against act of private individuals. It is directed against the government and
its agencies tasked with the enforcement of the law. The constitutional against
unreasonable searches and seizures cannot be extended to acts committed by a
private individual.

B. Waiver of Rights
Veroy v. Layague search of rebels in a house Permission was granted by Veroy to
enter the house but only to ascertain the presence of rebel soldiers. Where permission
to enter a residence was given,
it is illegal to search the rooms therein and seize firearms without as search warrant.
Okabe v. Gutierrez estafa case An application for or admission to bail shall not bar
the accused from challenging the validity of his arrest or the legality of the warrant
issued therefore.. An application for bail SHALL NOT BE considered as a waiver of
rights. A valid waiver, requisites. 1) rights must exist; 2) there must be clear and
convincing proof that there was an actual intention to relinquish the right

C. Anti-Wire Tapping Act

Navarro v. CA police complaint gone bad where the exchange between two persons
is not private, the tape recording is not prohibited
Salcedo-Ordonez v. CA annulment with damages husband is cheating on me case
Unauthorized tape recordings of telephone conversations not admissible

D. Privacy of Bank Accounts

Marquez v. Desierto secrecy of bank deposits exceptions: 1) depositor consents in
writing; 2) subject of an impeachment case; 3) by court order in cases of bribery and
dereliction by public officials, 4) deposit is subject of litigation; 5) unexplained wealth

E. Privacy of Communication
Roxas v. Zuzuaregui contempt of the Supreme Court the letter ceased to be private
when Roxas furnished the letter to the all the justices and not just to the one whom it is addressed