Constitutional Provision

On Privacy
By: Jay Mark A. Borja
 Constitutional Provision On Privacy
• 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
 Exception On Privacy
A. Exception 1: Lawful Court Order
B. Exception 2: Public Order or Safety
Requirement
C. Exception 3: Express Provision of the Law
A. Exception 1: Lawful Court Order

The court order is lawful

when the search warrant is
issued by the judge after he
personally determines that
there is a probable cause
which is required by Art. III
Section 2 of the Constitution
A. Exception 1: Lawful Court Order (cont.)

The right of the people to be secure in their persons, houses,

papers, and effects against unreasonable searches and seizures
of whatever nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and
the witnesses he may produce, and particularly describing the
place to be searched and the persons or things to be seized.
 A. Exception 1: Lawful Court Order (cont.)

TOBAKO Corp. is using

unlicensed Microsoft’s
Software, Microsoft or its agent
cannot force itself into the
premises of TABAKO Corp. to
TOBAKO Corp. search and confiscate the
Microsoft latter’s unlicensed software.
B. Exception 2: Public Order or Safety Requirement

When one decides to ride in LRT/MRT or travel by

plane, he is temporary surrendering his rights to
privacy because of public safety requires it.
B. Exception 2: Public Order or Safety Requirement

Pedro carrying his precious

wedding gift specially wrapped
and sealed for wedding
purpose decided to ride at any
LRT/MRT station, the security
guard compel him to open and
show the gift.
C. Exception 3: Express Provision of the Law

Under the Anti Money Laundering Law

when an individual deposits in one
transaction an amount of at least Three
Hundred Thousand pesos (P300,000) in
the bank, the latter is obliged by law to
provide the name, as well as the personal
information of the depositor, to the Anti
Money Laundering Council
THE
ƎND