Constitutional Law II - Bill of Rights Section 3

Question 1

Sec. 3, Art. III, 1987 Constitution

Answer 1

1. The privacy of communication and correspondence shall be inviolable, and 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.

Question 2

Types of Privacy

Answer 2

Decisional Privacy
-involves the right to independence in making certain important decisions.

Locational Privacy
-refers to the privacy that is felt in physical space, such as that which may be violated by trespass
and unwarranted search and seizure.

Informational Privacy
-an individual’s ability to control the
flow of information concerning or
describing him, which however must
be overbalanced by legitimate public
concerns.

Question 3

When is a communication
considered “private”?

Answer 3

When the words uttered were made between one person and another as distinguished from words between a speaker and a public.

Question 4

What is the right to
privacy?

Answer 4

The essence of privacy is the right to be left alone. In context, the right to privacy means the right to be free from unwarranted exploitation of one’s person or from intrusion into one’s private activities in such a way as to cause humiliation to a person’s ordinary sensibilities.

Question 5

What are the tests to determine
the reasonableness of a person’s
expectation of privacy?

Answer 5

(1) whether by his conduct, the individual has exhibited an expectation of privacy; and

(2) whether this expectation is one that society recognizes as reasonable.

Question 6

Are detainees entitled to the
Constitutional right to privacy?

Answer 6

The right to privacy of those detained is subject
to Section 4 of RA 7438, as well as to the limitations inherent in lawful
detention or imprisonment. By the very fact of their detention, pre-trial
detainees and convicted prisoners have a diminished expectation of privacy
rights.

Question 7

Against whom can the right to privacy be enforced?

Question 8

What is the exclusionary rule?

Answer 8

Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding