Privacy of

Communication and
correspondence
Article III, Section 3
Provision

● (1) 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.
● (2) Any evidence obtained in violation of this or
the preceding section shall be inadmissible for
any purpose in any proceeding.
 Privacy of communication and correspondence

Invasion of communication
and correspondence is one
kind of search.
 What type of communication and correspondence
does the provision cover?

01 02 03 04 05

Telephone Other methods of

Letters Messages Wiretaps
Calls elecronic eavesdropping
When is intrusion into the privacy of communication
and correspondence allowed?

1) Upon lawful order of the Court; or

2) Even without a court order when
public safety and order so demands
Upon what grounds may the court allow
intrusion?

The text does not give any ground but

it is submitted that the requirement of
probable cause in the preceding
section should be followed.
 Should the order also particularly describe the
communication sought to be seized?

The following may

Written Wiretaps be specified:

• Identity of the
If the correspondence persons whose
sought is written If intrusion is done
communication is
correspondence, there through wiretaps, it
sought to be
should be no would be
intercepted
inconvenience in unreasonable to
• Identity of the offense
requiring particularity of require description.
• Period of
description. authorization
 Question Answer

What are the requisites It would have to be

if intrusion is made based upon a
without judicial order? government official’s
assessment that
public safety and
order demand such
intrusion.
 “Public order and safety”

Defined as “the security of human lives, liberty

and property against the activities of invaders,
insurrectionists and rebels”.
Republic act 4200 (Anti-Wiretapping Law)
provides for specific violations of private
communication.
Effect of violation of section 3, par. 1

• Any evidence obtained shall be inadmissible for any

purpose in any proceeding.

?
-- END --