When Ferdinand E.

Marcos was ousted in 1986,

the new government led by Corazon C. Aquino
promulgated what is now know as the
Freedom Constitution. This 1987 Constitution
restored the presidential form of government.
To date, the 1987 Constitution still stands,
although some sectors have started to lobby for
change in certain provisions as well as the
change of the whole constitution.

section 3 (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.


The right of privacy is concisely define as the
right to be left alone. It has also been defined as
the right of a person to be free from
unwarranted publicity

there is a recognition that persons may
communicate and correspond with each other
without the State having a right to pry into
such communication and correspondence
subject to the ever pervading police power of
the State.(stated on Sec. 9, infra.) Letter and
messages usually carried with the help of
goverment agencies or aduquates safeguards
are provided for their privacy may be
eventually violated and great harm inflicted
upon the citizen as a result.

The constitutional provision on the right of
privacy complements or implements the
security of the citizen against unreasonable
searches and seizures. The right is but an
aspect of the right to be secure in ones person.

The right is not violated when the interference is made:

Upon lawful order of the court; or

When public safety or order requires otherwise as
prescribed by law. (Sec. 3[1].)
The first limitation must be interpreted in the light
of the requirements for the issuance of a search
warrant. (supra.) The second limitation means that the
right is subject to the police power of the state (infra),
and in this case, the intervention of the court is
contemplating his decision, the objectionable
materials may already be causing damage that could
easily have been averted otherwise.

(1) Inadmissible. Any evidence obtained in violation of the right
against unreasonable search and seizure and the right to privacy
of communication and correspondence is admissible for any
purpose in any proceeding (Sec. 4[2]). Judicial or administrative.

(2) Reason. the reason for the inadmissibility of evidence
competent as such, which has been unlawfully acquired. Is that its
exclusion is the only practical way of enforcing the constitutional
guarantees. The action for damages against the erring officers,
their criminal punishment, and such other remedies as may be
provided by law, do not always afford sufficient protection
against their invasion.

(3) Right of owner. - since evidence obtained illegally is not
admissible, the owner has a right that the article seized be
returned, unless they are in themselves prohibited or forbidden by
law, such as opium.

"Hello Garci" refers to the alleged wiretapped
conversations where vote rigging in the 2004
elections was discussed by, among others, a
woman presumed to be President Arroyo and
man presumed to be Comelec Commissioner
Virgilio Garcillano.



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