REVIEWER CONSTITUTIONAL LAW 2

Article III. BILL OF RIGHTS

Section 3: Privacy of Communication and Correspondence

1. The privacy of communication and correspondence shall be inviolable except:
(a) upon lawful order of the court, or
(b) when public safety or order requires otherwise, as prescribed by law.
2. Any evidence acquired in violation of this or the preceding section shall be inadmissible
for any purpose in any proceeding. (Exclusionary Rule)

RA 4200: Anti-Wiretapping Act (AWA)–

In Ganaan case, telephone extension was not among the devices covered by the AWA.

Differentiate Anti-Wiretapping Act (AWA) with Human Security Act (HSA)

1. H.S.A. need not to specify the name of the person, AWA need to specify the name
2. H.S.A. is for shorter period of time, AWA – 60 days

GR: Privacy of communication and correspondence shall be inviolable.

EXN:
(a) upon lawful order of the court, or
(b) when public safety or order requires otherwise, as prescribed by law.

(a) upon lawful order of the court

Requisites:
1. Probable cause
2. The written correspondence must be particularly described
3. For communication, the identity of the person, the offense sought to be prevented,
and the period of authorization may be specified

(b) When public safety or order requires otherwise, as prescribed by law

Public safety or order – defined as the security of human lives, liberty and property against
activities of invaders, insurrectionist or rebels.

Requisites:
1. The intrusion must be based upon the assessment of a government official that public
safety or order demand such intrusion.
2. Discretion of the government official must be exercised as prescribed by law
3. Proper Authority of the government official (except the President)

Exclusionary Rule: Art III, Sec 3(2)

- Any evidence obtained without a warrant, or through invalid warrant, shall be
inadmissible as evidence for any purpose in any proceeding.
Section 4: 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

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.

Freedom of Speech

*Freedom from unwarranted publicity

Elements of Freedom of Expression:

1. Freedom from Censorship –
2. Freedom from subsequent Punishment

Exceptions to the rule of Freedom from prior restraint/ presumption of invalidity:

1. When the nation is at war
2. Obscene publications
3. General welfare and public interest
4. Security of community life

3 TESTS / STANDARDS for allowable subsequent punishment:

1. Dangerous Tendency Test
2. Clear and Present Danger Test
3. Balancing Interest Test

TEST used in determining whether a government control-based regulation is justified:

O’Brien Test

Hudson Test for Commercial Speech

Unprotected Speeches:
1. Libel

Exceptions:
a. A private communication made by one person to another in the performance of any
legal, moral or social duty;
b. A fair and true report, made in good faith, without any comments or remarks, of any
juridical, legislative or other official proceedings or any other act performed by public
officer in the performance of their functions;
c. Fair comments made on matters of public interest

Privileged Communication
A. Absolute:
1. Pleadings that are relevant on matters under investigation
2. Testimony of witnesses
 3. Remarks made in the course of the trial
4. Debate or speeches in the Congress or any Committee thereof (Art VI Sec 11)

B. Qualified:
1. A private communication made by one person to another in the performance of any legal,
moral or social duty;
2. A fair and true report, made in good faith, without any comments or remarks, of any
juridical, legislative or other official proceedings or any other act performed by public
officer in the performance of their functions;
3. Fair comments made on matters of public interest

2. Obscenity- something that is offensive to chastity, decency and delicacy.

Miller Test
Requisites:
1. Whether an average person, applying contemporary community standards will find
the work, taken as a whole, as appealing to the prurient interest
2. Whether the work describes or depicts, in a patently offensive way, sexual conduct as
defined in the state law;
3. Whether the work, taken as a whole, lacks literary, artistic, political or scientific
value.

Procedure for law enforcement

1. The authorities must apply for the issuance of search warrant from a judge
2. The authorities must convince the court that the materials sought to be seized are obscene
and pose a clear and present danger of a substantive evil to warrant State interference

Section 5: Freedom of Religion

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.