SECTION 3 - Privacy of Communication & Correspondence Flashcards
Sec. 3 (1). The privacy of communication and correspondence shall be inviolable except upon __________________, or when ___________________ otherwise as prescribed by law.
lawful order of the court;
public safety or order requires
Sec. 3 (2) Any evidence obtained in violation of this or the preceding section shall be ________________ for any purpose in any proceeding.
inadmissible
● Right to Privacy
a. Right to be _______________
b. To be free from _________________, or disclosure of their communication and correspondence.
c. Right to __________________________ in matter with which the public is not necessarily concerned.
a. left alone;
b. undesired publicity;
c. live without unwarranted interference by the public
● Natural Right; Right to _______________
liberty
Basis and purpose of the Right
- Right existing in the state of nature
- ______________ right
- Right to live _____________________ under the law, ___________________ in the pursuit of one’s choice
Natural;
as one chooses; free from interference
Basis and purpose of the Right
- Right designed to secure enjoyment of one’s
private life
- Without the right, one __________________ live in peace and with self respect and be truly happy
cannot possibly
Basis and purpose of the Right
- Right existing in the state of nature
- Right designed to secure enjoyment of one’s
private life
Limitations on the Right of Privacy of Communications
- Permissible interference by the state
a. Upon ______________ of the court (warrant); or
b. When_____________________ requires otherwise as prescribed by law (police power. No warrant required but subject to judicial review).
lawful order;
public safety or order
Limitations on the Right of Privacy of
Communications
- Evidence illegally obtained (violation of secs.
ii & iii) are inadmissible. Must be ____________________ unless prohibited by law.
returned to the owner
Limitations on the Right of Privacy of
Communications
- Writ of habeas data
- ___________ remedy
- Right to find out ___________________ about them, what use and for what purpose data is being collected.
- May demand it be ___________________________.
Judicial;
what information is being kept;
deleted, destroyed, or rectified.
Limitations on the Right of Privacy of
Communications
- Permissible interference by the state
- Evidence illegally obtained (violation of secs.
ii & iii) are inadmissible. - Writ of habeas data
RA 4200 Anti-Wiretapping Law
Prohibits:
1. Any person, ____________________________ the parties to any private communication or spoken word, to tap any wire or cable, or by using any
other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or
dictagraph or detectaphone or walkie-talkie
or tape recorder, or however otherwise described.
not being authorized by all
RA 4200 Anti-Wiretapping Law
Prohibits:
2. Any person, participant or not, to ________________ thereof; or to replay the same for any other person; or to __________________ thereof, either verbally or in writing; or to ___________________: provided, that the use of such record or any copies thereof as evidence in any civil, criminal investigation or trial of
offenses mentioned in section 3 hereof, shall
not be covered by this prohibition.
knowingly possess any record;
communicate the contents;
furnish transcriptions
RA 4200 Anti-Wiretapping Law
Prohibits:
3. ___________________ does or who shall aid, permit, or cause to be done any of the acts
Willfully or knowingly
RA 4200 Anti-Wiretapping Law
Prohibits:
4. Court application can only be made for
crimes that ________________________ (treason, espionage, etc.) and not common offenses.
involve national security