IX. Privacy of communication and correspondence, Article III, Section 3

IX. Privacy of communication and correspondence, Article III, Section 3 A. Private and public communications 1. Privileged Communication Cases: – Waterous Drug Corp. v NLRC, GR 113271, 16 Oct 1997 – Zulueta v CA, 253, GR 107383, 20 Feb 1996 B. Intrusion; when allowed 1. RA 4200 (1965) – Anti-Wiretapping Law Case: Salcedo-Ortanez v CA,Continue reading “IX. Privacy of communication and correspondence, Article III, Section 3”

People vs. Albofera G.R. No. L-69377, July 20, 1987 152 SCRA 123 (1987)

Facts: Sometime in 1980, Rodrigo Esma was tending his onion farm when the accused called him and informed him they would ran after somebody. There Lawi-an told Albofera that the forester was around making a list of people engaged in “caingin” Whereupon, Albofera asked Esma to join him in going after the forester. The twoContinue reading “People vs. Albofera G.R. No. L-69377, July 20, 1987 152 SCRA 123 (1987)”

Alejano v. Cabuay G.R. No. 160792, August 25, 2005

Facts: Early morning of 27 July 2003, some 321 armed soldiers, led by the now detained junior officers, entered and took control of the Oakwood Premier Luxury Apartments (“Oakwood”). The soldiers disarmed the security officers of Oakwood and planted explosive devices in its immediate surroundings. The junior officers publicly renounced their support for the administrationContinue reading “Alejano v. Cabuay G.R. No. 160792, August 25, 2005”

Salcedo-Ortanez v. CA G.R. No. 110662 August 4, 1994 235 SCRA 111 (1994)

Facts: On 2 May 1990, private respondent filed with the RTC a complaint for annulment of marriage with damages against petitioner Teresita Salcedo-Ortanez, on grounds of lack of marriage license and/or psychological incapacity of the petitioner. Private respondent, after presenting his evidence, orally formally offered in evidence Exhibits. Among the exhibits offered by private respondentContinue reading “Salcedo-Ortanez v. CA G.R. No. 110662 August 4, 1994 235 SCRA 111 (1994)”

Ramirez vs. CA G.R. No. 93833 September 28, 1995

Facts: A civil case damages was filed by petitioner in the RTC alleging that the private respondent in a confrontation in the latter’s office, allegedly vexed, insulted and humiliated her in a “hostile and furious mood” and in a manner offensive to petitioner’s dignity and personality,” contrary to morals, good customs and public policy.” InContinue reading “Ramirez vs. CA G.R. No. 93833 September 28, 1995”

Gaanan vs. IAC G.R. No. L-69809, October 16, 1986 145 SCRA 113 (1986)

Facts: complainant and his client were in the living room of complainant’s residence discussing the terms for the withdrawal of the complaint for direct assault which they filed with the the City Fiscal against Laconico. After they had decided on the proposed conditions, complainant made a telephone call to Laconico. Laconico telephoned appellant, to adviseContinue reading “Gaanan vs. IAC G.R. No. L-69809, October 16, 1986 145 SCRA 113 (1986)”

Art. III, Sec. 3(2)

ARTICLE III BILL OF RIGHTS Section 3. 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.

Arts, 290, 291, 292 and 299.  Revised Penal Code.

Chapter Three DISCOVERY AND REVELATION OF SECRETS Article 290. Discovering secrets through seizure of correspondence. – The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon any private individual who in order to discover the secrets of another, shall seize his papers or letters andContinue reading “Arts, 290, 291, 292 and 299.  Revised Penal Code.”

PRIVACY OF COMMUNICATION AND CORRESPONDENCE

R.A. No. 4200 (Anti-Wire Tapping Law) (1965) Arts, 290, 291, 292 and 299.  Revised Penal Code. Gaanan vs. IAC, 145 SCRA 113 (1986) Katz vs. U.S., 389 U.S. 347 (1967) Ramirez vs. Ca, G.R. No. 93833, September 28, 1995 Salcedo-Ortanez v. CA, 235 SCRA 111 (1994) Alejano v. Cabuay, G.R. No. 160792, August 25, 2005Continue reading “PRIVACY OF COMMUNICATION AND CORRESPONDENCE”