Sample Legal Opinion

By: Atty. Ervin Sagun of Sagun Law Office

30/03/2019

Mr. Client

Dear Mr. Client

This legal opinion seeks to answer whether or not the photographs of your short message
service took by your wife is admissible in your Legal Separation proceeding.

The Facts:

A petition for Legal Separation with your wife has been filed in the court. Your wife took
photographs of short message service in your cellular phone and plans to submit it as evidence in the
court for the Legal Separation Proceeding.

The Applicable Law/s:

The applicable law/s are:

Article 3 Section 3 of the !987 Constitution:

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.

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

Analysis and Conclusion:

The photographs of SMS taken without consent should be held as inadmissible evidences as it
violates your Constitutional right. That Constitutional right is privacy of communication and
correspondence. It is the Constitution itself that guarantees that right, hence it is of paramount status.
To violate such right would denial of due process of law itself.

Recommendation:

To file a motion declaring the inadmissibility of the evidence.

Yours faithfully,

Atty. Sagun, Legal Counsel

To be passed as an optional project for: Logic and Legal Technique

Submitted to: Atty. Prosecutor Gino Paolo Santiago, Lecturer College of Law, University of the East