Bill of Rights III

Bill of Rights (1987 Philippine Constitution)

Article-III, 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.”

Article-III, Section-3 • Explanation:  Every person has the right to keep his communication or correspondence a secret. His communication with others by phone or by letter is a personal or private matter that nobody should intrude upon. But this right can be lawfully suspended upon order of the court if the safety and security of the people is at stake.

Article-III, Section-3 • Illustration: A telephone conversation between two (2) drug pushers secretly recorded by police officers by tapping its wire without court order is not acceptable. As evidence in court due to the privacy of communication enshrined in the Philippine Constitution. However, recording of conversation through telephone extension is not a violation of the Anti-Wire Tapping Law.

Article-III, Section-4 “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.”

Article-III, Section-4 

Filipino Translation: “Hindi dapat magpatibay ng batas na nagbabawas sa kalayaan sa pananalita, pagpapahayag, o ng pamamahayag, o sa karapatan ng mga taong-bayan na mapayapang makapag-tipon at magpetisyon sa pamahalaan upang ilahad ang kanilang mga karaingan.”

Article-III, Section-4  Four (4) Important Rights Embodied in Article III, Section 4: 1. Freedom of Speech; 2. Right to a Free Press; 3. Freedom of Assembly; 4. The Right of Petition.

Article-III, Section-4 1. 2.



Freedom of Speech – means an individual is free to speak or utter whatever he wants without prior restraint. Right to a Free Press – means an individual is free to write, publish, and circulate whatever he pleases without restraint. Speech and expression refer to any form of oral utterances, while press covers every sort of publication such as newspapers, magazines, books, leaflets, and the like. Radio and television are also included. Freedom of speech and expression and freedom of the press are collectively called Freedom of Expression.

Article-III, Section-4 Freedom of Assembly – refers mainly to peaceful demonstrations related to public affairs. 4. The Right of Petition - to take up one’s grievances with government without fear of persecution. 3.

Article-III, Section-4 

Freedom of Speech is not absolute, neither is a Free Press. Limitations to Freedom of Speech i. ii. iii. iv. v.

Severe calumny; Anything lewd or obscene; Anything that provokes violence or disorder; Seditious messages; “Clear and present danger”.

Article-III, Section-4 Forms of Calumny 1.

2.

Libel - untruthful information/character assassination in written, and using print or broadcast media. Slander - spoken untruthful information / character assassination .

 Clear and Present Danger – if the uttered threat seems serious (i.e. the intent appears to be serious), immediate, grave and realistic.

Article-III, Section-5 “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 tests shall be allowed for the exercise of civil or political rights..”

Article-III, Section-5 

Filipino Translation:

“Hindi

dapat magbalangkas ng batas para sa pagtatatag ng relihiyon, o nagbabawal sa malayang paggamit nito. Dapat ipahintulot magpakailanman ang malayang paggamit at pagtamasa ng pagpapahayag ng relihiyon at pagsamba nang walang pagtatangi o pamimili. Hindi dapat kailanganin ang pagsusulit pangrelihiyon sa paggamit ng karapatang sibil o pampulitika.”

Article-III, Section-5  This provision is an implement to the doctrine of separation of church and state. However, the members of a religious organization cannot use religious profession as a justification in committing crimes. Thus, a religious sect using human beings as sacrifice for their god is not immune from criminal suit.

Article-III, Section-6 “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. The right to travel shall not impaired except in the interest of national security, public safety, or public health, as may be provided by law ”

Article-III, Section-5 

Filipino Translation: “Hindi dapat bawalan ang kalayaan sa paninirahan at ang pagbabago ng tirahan sa saklaw ng mga katakdaang itinatadhana ng batas maliban sa legal na utos ng hukuman. Ni hindi dapat bawalan ang karapatan sa paglalakbay maliban kun para sa kapakanan ng kapanatagan ng bansa, kaligtasang pambayan, o kalusugang pambayan ayon sa maaaring itadhana ng batas.”