SECTION 3 PRIVACY OF COMMUNICATION

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.
What is the extent of the freedom of correspondence?
*The freedom of correspondence clause extends to all kinds of communications to convey ones
viewsand sentiments.
What are the modes of conveying ones thought?
*It may be through letters, telegrams, signals, cables, telephone or any other mode not prohibited
bylaw.
*Are illegally secured evidences admissible in court? Like illegally secured searches and
seizures, theConstitution ordains the inadmissibility of any evidence obtained in violation of this right for
anypurpose in any proceeding.
When may the privacy of communication and correspondence be validly violated?
*upon lawful order of the court.
*when public safety or order requires otherwise as prescribed by law.
SECTION 4 FREEDOM OF EXPRESSION AND ASSEMBLY
No law shall be passed abridging the freedom of speech, of expression, or of the press, or the
right of the people peaceably to assemble and petition the government for redress of grievances.
What is speech to man?
Speech is the body and soul of man without which his existence becomes empty and
meaningless.The resume of the sacredness of a God-given gift which is inalienable.
It includes the ancillary right to access to information on matters of public concern. While
freedom of expression is sacred, such right however is neither a license nor is it illimitable.
What are not permitted in the exercise of freedom of expression?
The publications and utterances of libelous, blasphemous, or indecent articles, or other
publicationsinjurious to public morals or private reputation. Likewise, the existence of government is
entitled toprotection against seditious attacks.
What is the scope of the freedom of expression clause of the Constitution?
It covers the entire gamut of human affairs. The use of symbols, signals, signs, pictures, monumentsor
any mode of conveying ones thoughts or views including the right to remain silent, come within
thepurview of the freedom of expression clause of the Constitution.
What is the purpose of the freedom of expression clause of the Constitution?
The fundamental purpose is to give every individual the right to speak out his mind, float ideas in
theopen market and invite intellectual dispute with the end purpose of provoking every person .

What is the purpose of the freedom of expression clause of the Constitution?

to contribute his ideas, thought and views on any matter that will help shape a community that is
theproduct and embodiment of their ideas and thoughts peddled in an atmosphere of complete
libertywithout prior restraint and fear of subsequent punishment.
Two important components the freedom of expression carries:
freedom to speak and write without prior government restriction
freedom from any punishment as a consequence of such speech, utterance or writing.
What is prior restraint as anathematic to the freedom of expression clause?
Prior restraint carries the import that the State should not, as a matter of policy, imposed anyrestriction
or condition before the freedom can be exercised.
Any prior condition attached to the right before an individual person is allowed to express his views or
thought is prior restraint which is offensive to the constitutional command.
Explain subsequent punishment as a curtailment of the freedom of expression.
It means that in order to make the freedom of expression more meaningful, there must be anassurance
that after making any utterance or publication, the author is not subject to any form of punishment.
If the State would imposed punishment as a condition for such exercise, it would negate the right
andmake the freedom of expression a mockery and a delusion.
Like any other freedom, the right to expression is not absolute.
What are the standards that may be used in judging whether the author of a publication or speech or
writing may be made liable?
Standard test:
1.The clear and present danger
- a working principle that the substantive evil must be extremelyserious and the degree of imminence
extremely high before the utterance can be punished.
2.Dangerous tendency rule
if the words uttered create a dangerous tendency which the state has to prevent, then such words
arepunishable. It is sufficient that the advocacy be in general terms. Mere tendency to create evil will
suffice to subject the author to punishment. Under this rule, it is notnecessary that immediate acts of
violence and unlawfulness be done. It is sufficient that the utterancetends to incite the people to do
violence or any other unlawful act.
1.Balancing-of-interests doctrine
- gives the Court the prerogative, in case there is a collision betweentwo rights, to determine which right
demands the greater protection. It requires a Court to takeconscious and detailed consideration of the
interplay of interests observable in a given type of situation.
Right of Assembly and Petition
What is the nature and basis of the peoples right to assembly and petition the government of their
grievances?
The right of assembly is the right of the citizens to meet peaceably for consultation in respect to
publicaffairs.
Right of Petition
The right of petition is the right of a person or group to apply without fear of penalty, to the
appropriatebranch of government for the redress of grievances.
The right of assembly and petition is a necessary consequence of republican institution and

thecomplement of the right of free speech.

SECTION 5
RELIGIOUS FREEDOM
No law shall be made respecting an establishment of religion or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference shall forever be allowed. No religious test shall be required for the
exercise of civil and political rights.
What is Religion?
Religion is ones relation to his God-Creator.
What is religious freedom?
Religious freedom is the right of the individual to worship God according to the dictates of
hisconscience or not to worship him at all.
What is the guaranty of the freedom of religion clause?
The freedom of religion clause of the Constitution guarantees mans liberty to worship his Maker
inwhatever form and in whatever language as long as the expression does not collide with
acceptednorms of social order and decency.
The serenity of ones communion with his Master is not however absolute. If the actualization of
onesbelief is at war with established standards of morality, decency, public order, policy and the law,
thenthe act may be restrained by the State in the name of law and order.
What is the nature and extent of religious freedom?
Religious freedom is the right of an individual to worship God according to the dictates of
hisconscience, or not to worship him at all.
The right is intended to allow every man to entertain such notions respecting his relations to his
Master and the duties imposed, as maybe approved by his judgment and conscience and to exhibit
hissentiments in such form of worship as he may think proper, not injurious to the equal rights of
othersand to prohibit any legislation for the support of any religious tenets or the modes of worship of
anysect.
Two aspects of religious freedom:
Freedom to believe it is absolute, infinite and limitless and beyond regulation.
Freedom to act it may be regulated if the actualization of such beliefs clashes with accepted normsof
social behavior and established order and decency.
What is meant by no establishment of religion clause of the Constitution?
Neither the State nor the Federal Government can set up a church. Neither can pass laws which
aidone religion, aid all religions or prefer one religion over another.
It was intended to erect a wall of separation between the Church and the State.
What are the acts prohibited under the guaranty of religious freedom?
the enactment of laws prohibiting the establishment of religion.
the enactment of laws prohibiting the free exercise thereof.

the enactment of laws prohibiting the free exercise and enjoyment of religious profession and worshipand
enacting discriminating laws.
religious test as a requirement for the exercise of civil or political rights.
allocation of public money or property, directly or indirectly, for the use, benefit or support of any
sect,church, denomination, etc.
SECTION 6
RIGHT TO TRAVEL
The liberty of abode and of changing the same within the limits prescribed by law shall not be
impaired except upon lawful order of the court. Neither shall the right to travel be impaired except
in the interest of national security, public safety and public health, as may be provided by law,
International Law strengthens right to travel and to return.
The right to choose where one desires to live and of changing the same is a constitutionally
protectedright. The freedom of movement or locomotion assumes more significance in the light of
internationalcovenants which likewise recognize this right.
Ex.: Art. 13, Declaration of Human Rights
It guarantees a mans right to freedom of movement and residence within the borders of a State,including
the right to leave for any country and the right to return to ones country.
Art. 12, International Convention on Civil and Political Rights (Philippines, a signatory)
It declares the right of everyone to freedom of movement and to choose his residence and may not
bedeprived of the right to enter his own country.
Where the right is impaired, the individual has ample weapons at his command to protect atransgression
of such right like availment of the writ of mandamus or habeas corpus to seek releasefrom deprivation of
liberty and civil action for damages against those responsible for the violation of this right.
The right to travel and of changing the same is, however, not without restriction. The overriding
policepower of the State may limit such right.
Thus, a leper may not be allowed to freely socialize with the public and may be confined to aleprosarium
against his will.
SECTION 7
RIGHT TO IMFORMATION
The right of the people to information on matters of public concern shall be recognized. Access
to official records and to documents and papers pertaining to official acts, transactions or
decisions, as well as to government research date used as basis for policy development shall be
afforded the citizen subject to suchlimitations as may be provided by law.
Freedom of the press and expression will be rendered useless unless the media are given free accessto
information on matters of public concern. This is their duty to the public and the people.
Strengthening this right of the people is the policy declaration that the State adopts and implements
apolicy of full disclosure of all its transactions involving national interest.
To maximize the right of the people to information, the media members are to keep inviolate andforever
secret the source of their news story or reports conveyed to them in confidence.

What is the basis of the peoples right to information?

In the Declaration of State Policies, it is mandated that the State adopts and implements a policy of
fulldisclosure of all its transactions involving public interests, subject to such reasonable
conditionsprescribed by law.
What is the nature of the peoples right to information?
It is a political right exercisable exclusively by Filipino citizens. It is a right that keeps the wholecitizenry
well informed of matters that concern their lives.
What is the meaning of public concern?
The term public concern is beyond measurement. In determining whether or not a particular information
is of public concern, there is no rigid test which can be a applied. Public concern likepublic interest is a
term that eludes exact definition.
Both terms embrace a broad spectrum of subjects which the public may want to know, either becausethey
directly affect their lives, or simply because such matters naturally arouse the interest of anordinary
citizen.
Is the right to information absolute?
No. The Constitution does not open every door to any and all information. Under the Constitution,access
to official records, papers, etc. is subject to limitations as may be provided by law.
What are excluded from the privilege?
Trade secrets, confidential, commercial and financial information of a person or corporation andmatters
affecting national security are excluded from the privilege.
SECTION 8
RIGHT TO FORM ASSOCIATIONS
The right of the people, including those employed in the public and private sectors to form
unions,associations or societies for purposes not contrary to law shall not be abridged.
Is man by nature a loner?
Man is inherently not a loner. He is gregarious and continually seek companionship for
intellectual,physical and spiritual fulfillment. He does not imprison himself within the four walls of his
house.
Even within the confines of the prison compound, a prisoner nevertheless associates himself with
hisfellow prisoners to seek solace, unburden himself of his problems or share his joys and pains of life.All
these are manifestations of mans inherent love for people with whom he associates himself.
What is the purpose of the right to form associations?
It is to enable an individual to join others of like persuasion to pursue common objectives and toengage in
activities permissible under, if not actually encouraged by law, the regime of liberty providedfor in the
fundamental law.
This right is intended to enhance opportunities of human beings and to widen the sphere for
theexpression of personality.

What is the extent of the right to form associations?

The right is circumscribed by the phrase not contrary to law. Any association that is not contrary tolaw is
allowed and those organizations which are prohibited by law like illegal assemblies and illegalassociations
punishable by the Revised Penal Code are contrary to law, hence not coming within theprotective mantle
of the Constitution.
SECTION 9
EMINENT DOMAIN
Private property shall not be taken for public use without just compensation.
What are the three stately powers of the government?

The stately powers of government, preservatory weapons to assure state continuity.

When a state is born, its birth ipso facto carries with it the authority to exercise the three powers of
thestate:1) Police Power 2) Eminent Domain3) Taxation.
What is the capital purpose of the three stately powers?

The exercise of these powers would indicate not a polarization but a mingling of the three powers
toachieve their capital purpose of forwarding and upgrading the quality of life of the people.
What is the capital purpose of the three stately powers?

In other words, the three powers may be employed simultaneously, coordinately and complimentingeach
other whenever necessary rather than alternately or separately to enable government toactualize its
goals.

The inherent powers of the State are enduring and co-terminus with the life of the State itself.
The three powers have a common denominator:

They all underlie the Constitution and rest upon necessity because there can be no effectivegovernment
without them.

They exist independently of the Constitution as a necessary attribute of sovereignty.

They are as enduring and indestructible as the State itself.

They constitute the three methods by which the State interferes with private rights.

Each presupposes an equivalent compensation:*

Police Power
through the maintenance of healthy, clean and orderly society.*
Eminent Domain
just compensation.*
Taxation
protection and benefits extended by the government.

They are all legislative in character.

The three powers differ in the following:

In the nature of compensation:Police Power is intangible.Eminent Domain and Taxation are more
concrete.In eminent domain, full and just compensation of the property taken.In taxation, the protection
and improvements extended by the government for the commonwealth.

As to the nature of property taken:Police power involves destruction or confiscation of property which are
noxious;in Eminent Domain and Taxation, the property taken is for public purpose or use.

Police Power and Taxation are inherently exercisable only by the government while Eminent Domainmay
be exercised by private entities upon valid delegation.

Police Power regulates both liberty and property while Eminent Domain and Taxation are addressed
toproperty rights only.
Police Power
Police Power is the most dominant of the three powers of government. It is the sovereign power to
promotethe general welfare. Police Power is the interference by the State on the entire gamut of human
life --- fromconception to death, a destination unknown and unraveled as yet.
Characterize Police Power

Protection to all great public needs which is the most demanding most pervasive and the leastlimitable of
the three powers of the State.

The law of overwhelming necessity.

The most essential, insistent and illimitable which enables the State to prohibit all hurtful things to
thecomfort, safety and welfare of society.

It is a power emanating from or conferred by the Constitution but inherent in a State, plenary,suitably
vague and far from precisely being defined, rooted in the conception that men inorganizing the State and
and imposing upon the government limitations to safeguard constitutionalrights did not intend thereby to
obstruct unreasonably the enactment of such salutary measures toensure communal peace, safety, good
order and welfare.
What is the basis of Police Power?

Police Power is based on the Latin maxim:

1.
SALUS POPULI SUPREMA EST LEX (the welfare of the people is the supreme law) and
2.
SIC UTERE TUO UT ALIENUM NON LAEDAS (so use your own as not to injure others).

Police Power calls for the subordination of individual interests to the interest of the greater number
of people.
What and who are subject to Police Power?

Police Power being the plenary, absolute and comprehensive power vested upon the legislature toenact,
ordain, make and establish wholesome and reasonable laws, subject all persons and propertyincluding
occupation to its most pervasive scope. Even personal liberty may be interfered with for therealm of
Police Power is to guard against the abuse of individual liberty.
Who may exercise Police Power?

The exercise of police power is principally lodged in the Congress of the Philippines under its
completeand omnibus power to enact laws, restricted only to the Constitution. However, pursuant to a
validdelegation of authority from Congress, the President and local government units may exercise
suchpowers.

The Local Government Code of 1991 explicitly grants to the local government units the power to
enactlaws that will promote the welfare of the people.
The Power of Eminent Domain

Like Police Power, Eminent Domain is inherent in every State. Any provision of the Constitution onthe
matter merely serves to restrict its exercise in order to protect the individual against whoseproperty the
power is sought to be enforced.
Who may exercise the power of Eminent Domain?

The power of Eminent Domain is essentially a legislative prerogative but Congress may validlydelegate
the same to other governmental agencies or even to private entities whose services aregeared to meet
essential needs, unless prescribed by the Constitution.
What property may be expropriated?

The scope of Eminent Domain is broad enough to include all kinds of private property. Real andpersonal
property, except money and rights in action, may be taken by expropriation. The franchise of a
corporation may be taken by Eminent Domain.

The owner can not claim that such an act is an impairment of the obligations of contract and
therefore,illegal. Condemnation proceedings do not impair the contract, do not break the obligation,
butappropriate it for public use.
What is meant by public use?

The traditional concept of public use means anything that has strict benefit to the public.
Theseconventional concept of public use as relating to the construction of public buildings, plazas,
schools,schoolhouses, streets, bridges and the like, is an antiquarian view and antagonistic to the
challenge of development and growth.

May church properties be expropriated without assaulting the Doctrine of Separation of Churchand State?

Yes. The Power of Eminent Domain which is designed to promote the common good and welfare ismore
superior that the principle of Separation of Church and State.