HMC 2 Section 3 Topic

Section 3
1 . The privacy of 2. Any evidence obtained in

communication and violation of this, or the
correspondence shall be preceding section shall be
inviolable except upon lawful inadmissible for any purpose in
order of the court, or when any proceeding.
public safety or order requires
otherwise as prescribed by law.
Letters Telephone calls
This section cover?
Message
EMAILS
TEXT
NO!
Anti- Wiretapping Law Anti- Terrorism Law
Court-Authorized taps are allowed for the crimes of:
“treason, espionage, provoking war and disloyalty in

case of war, privacy, mutiny in the high seas, rebellion,
sedition, conspiracy to commit sedition, kidnapping.
Exclusionary rule:
The inadmissibility of the evidence, however, does not

mean that it must be returned where it came from. If the
object is not a prohibited object, it must be returned.
But if contraband, it can be confiscated.
Violation by private persons.
To come under the exclusionary rule, however, the evidence must be

obtained by government agents and not by private individuals acting
on their own.
The constitutional proscription against unlawful searches seizure

therefore applies as restraint directed only against the government
and its agencies tasked with the enforcement of the law. Thus, it
could only be invoked against the state to whom the restraint against
arbitrary and unreasonable exercise of power is imposed.
If the search is made upon the request of law enforcer, a warrant
must generally be first secured if it is to pass the test of
constitutionality.
Section 4
No law shall be passed abridging
the freedom of speech, of
expression, or of the press, or the
right of the people peaceable to
assemble and petition the
government for redress of
grievances.
Freedom of expression has
four aspects;
(a) Freedom of speech;

(b) Freedom of expression;
(c) Freedom of press;
(d) Freedom of assemble.
Freedom of expression is accorded the

highest protection in the Bill of Rights
since it its indispensable to the
preservation of liberty and democracy.
Freedom of expression
Why is this guaranteed in the Constitution.
1. Essential for the search of truth.

2. Essential for democracy to work.
3. Essential for the citizens to promote
self-realization and
self-determination.
Section 4 also guarantees for the prohibition against Prior Restraint.
What is Prior Restraint?
The actual and official

Prior governmental restrictions of
Restraints the press and other forms of
expression in the advance
actual prohibition or
dissemination.
The first prohibition of the constitution provision is thus a
prohibition of prior restraint. Prior restraint means official
governmental restriction on the press or other forms of
expression in advance of actual publication or dissemination.
The more prohibition of government interference before words
are spoken or published would be an inadequate protection of
the freedom of expression in the government could punish
without restraint after publication.
The guarantee of freedom of expression also means a limitation
on the power of the state to impose subsequent punishment.
LLibel Obscenity
Freedom of Speech is not an absolute right.
A public and malicious imputation of

“…any work, taken as a whole, appeals to
a crime, or of a vice defect, real or
the prurient interest…
imaginary, or any act, omission,
(b) The work depict or describes in a
condition, status or circumstance
patently offensive way, sexual
tending to cause the dishonor,
conduct…(c) whether the work, taken as a
discredit, or contempt of a natural
whole, lack serious literary, artistic,
juridical person, or to blacken the
political or scientific value.” (Miller v
memory the one who is dead.
California)
(Revised Penal Code)
Section 5
No law shall be made respecting an
establishment of religion or prohibiting 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.
Freedom of religion has two
aspects;
(a) freedom to believe

(b) freedom to act on one’s belief
Non-Establishment Clause Free Exercise Clause
Section 6
The liberty of abode and of
changing the same within the limit
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 the law.
Freedom of movement has two
aspects;
(a) freedom to choose and change

one’s domicile
(b) freedom to travel within and
outside the country
Limitations
1. Freedom of movement
Section 7
The right of the people to
information on matter of public
concern shall be recognized. Access
to the official records, and to
documents, and paper 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
limitation as may be provided by the
law.
Information that be withheld to the public:
1. National security matters

2. Confidential diplomatic maters
3. Trades secrets and banking transaction
4. Identity of informants in criminal
investigation
Section 8
The right of the people, including those
employed in the public and private
sectors from unions, associations, or
societies for purposes not contrary t the
law shall not be abridged.
Right to organize is a very basic human drive
Right to strike is also guaranteed.

The Supreme Court ruled that employees of SSS and
public-school teachers can’t wage a strike.
Section 9
Private property shall not be taken
for public use without just
compensation.
Taking Usage Compensation
Just Compensation
must be given to the
The property must be The property must be owner.
private in nature used for public use. Compensation must
be equal to the
property market
value.
Eminent Domain
Section 10
No law impairing the
obligation of contract be
passed.
Impairment of Contract
“There is an impairment of contract when a

law changes the terms of legal contract
between parties either in time or mode of
performance, or imposes new condition, or
dispenses with those expressed, or authorizes
for its satisfaction something different from
the provided in its terms.”

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Section 3

1 . The privacy of 2. Any evidence obtained in

This section cover?

Anti- Wiretapping Law Anti- Terrorism Law

Court-Authorized taps are allowed for the crimes of:

“treason, espionage, provoking war and disloyalty in

The inadmissibility of the evidence, however, does not

To come under the exclusionary rule, however, the evidence must be

The constitutional proscription against unlawful searches seizure

(a) Freedom of speech;

Freedom of expression is accorded the

Why is this guaranteed in the Constitution.

1. Essential for the search of truth.

What is Prior Restraint?

The actual and official

Freedom of Speech is not an absolute right.

A public and malicious imputation of

(a) freedom to believe

(a) freedom to choose and change

1. National security matters

Right to strike is also guaranteed.

“There is an impairment of contract when a

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