Limitations on the Right to Privacy of Communication and Correspondence (Sec. 3, Art. III)

The right to privacy of communication and correspondence is not violated when the interference is made:

1. Upon lawful order of the court; or

2. When public safety or order requires otherwise as prescribed by law.

Right to Privacy of Communication and Correspondence (Sec. 3, Art. III)

The right to privacy is concisely defined as the right to be left alone.

The right to privacy of communication and correspondence allows persons to correspond and communicate with each other without the State having a right to pry into such correspondence and communication.

Any evidence obtained in violation of the above-mentioned right is inadmissible for any purpose in any proceedings.

When Arrest May Be Made Without Warrant (Sec. 2, Art. III)

A peace officer or private person may, without a warrant, arrest a person:

1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;

2. When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it; and

3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

When Search and Seizure May Be Made Without Warrant (Sec. 2, Art. III)

1. When there is consent or waiver;

2. When search is an incident to a lawful arrest;

3. In the case of a contraband or forfeited goods being transported by ship, automobile, or other vehicle, where the officer making it has reasonable cause for believing that the latter contains them, in view of the difficulty attendant to securing a search warrant;

4. Where, without a search, the possession of articles prohibited by is disclosed to plain view or is open to eye and hand;

5. As an incident of inspection, supervision, and regulation in the exercise of police power;

6. Routinary searches usually made at the border or at ports of entry in the interest of national security and for the proper enforcement of customs and immigration laws.

Requisites for Valid Search Warrant and Warrant of Arrest (Sec. 2. Art. III)

1. It must be issued upon probable cause;

2. The probable cause must be determined personally by the judge himself;

3. The determination of the existence of probable cause must be made after examination by the judge of the complainant and the witnesses he may produce; and

4. The warrant must particularly describe the place to be searched, and the persons or things to be seized.

Search Warrant and Warrant of Arrest (Sec. 2, Art. III)

A search warrant is an order in writing, issued in the name of the Republic of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for a certain property and bring it before the court. If the command is to arrest a person designated, the written order is called warrant of arrest.

Right Against Unreasonable Searches and Seizures (Sec. 2, Art. III)

In general, all illegal searches and seizures are unreasonable while lawful ones are reasonable. But what constitute a reasonable or unreasonable search or seizure is a purely judicial question of which only the courts can rule upon.

Right to Equal Protection of the Laws (Sec. 1, Art. III)

Equal Protection of the laws signifies that “all persons subject to legislation should be treated alike, under like circumstances and conditions, both in the privileges conferred and liabilities imposed.

The guarantee does not require that persons or things different in fact be treated in law as though they were the same. What it prohibits is class legislation which discriminates against some and favors others when both are similarly situated or circumstanced.

Where there are reasonable grounds for so doing, persons or their properties may be grouped into classes to each of which special legal rights o liabilities may be attached.

Persons Protected Under Sec. 1, Art. III)

The term “persons” in Sec. 1, Art. III embraces all persons within the territorial jurisdiction of the Philippines, without regard to any difference of race, color, or nationality, including aliens.

Private corporations are also persons within the scope of Sec. 1, Art. III insofar as their property is concerned.

Aspects of Due Process of Law (Sec. 1, Art. III)

1. Procedural due process – refers to the method or manner by which the law is enforced. The indispensable requisites of this aspect of due process are the requirements of notice and hearing.

2. Substantive due process – requires that the law itself is fair, reasonable and just. In other words, no person should be deprived of his life, liberty, or property for arbitrary reasons or on flimsy grounds.

Meaning of Due Process of Law (Sec. 1, Art. III)

There is no exact definition of due process of law because the same is applicable under so many diverse conditions as to make any attempt at precise definition impossible. For our purpose, however, we can safely say that any deprivation of life, liberty, or property by the State is with due process if it is done (1) under the authority of a law that is valid, or of the Constitution itself, and (2) after compliance with fair and reasonable methods of procedure prescribed by law.

Classification of Constitutional Rights (Art. III)

1. Political rights – those rights of the citizens which give them the power to participate, directly or indirectly, in the establishment or administration of the government.

2. Civil rights – those rights which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of livelihood.

3. Social and economic rights – those rights which are intended to insure the well-being and economic security of the individual

4. Rights of the accused – those rights intended for the protection of a person who is accused of any crime.

Classes of Rights (Art. III)

1. Natural rights – rights which are possessed by every citizen without being granted by the State for they are given to man by God as a human being so that he may live a happy life.

2. Constitutional rights – rights which are conferred and protected by the Constitution.

3. Statutory rights – rights which are provided by laws promulgated by the law-making body and may be abolished by the same body.

Bill of Rights (Art. III)

A bill of rights is a declaration and enumeration of a person’s rights and privileges which the Constitution is designed to protect against violations by the government or by an individual or groups of individuals. It is a charter of liberties for the individual and a limitation upon the power of the State.