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- 1. Negros Oriental State University College of Criminal Justice Edutation CLJ 300 BILL OF RIGHTS (Section 3 and 4) Presented to: Atty. Jim Peterick Sison Presented by: Jose Roel Bongcasan Jester Boraquit Kim Ruthgar Briones
- 2. Sequence of your Presentation ■ Slides(4-7)- Discussed about section 3 paragraph (1) ■ Slides(8-13) Discussed about section 3 paragraph (2) ■ Slides(14-20) Discussed about section 4 (Freedom of speech)
- 3. Topic Learning Objectives ■ After this presentation the students should be able to: 1. Understand and identify the rights provided in the Section 3 and 4 2. Know the limitations of these rights 3. Understand the importance of these rights
- 4. Section III BILL OF RIGHTS ■ The definition of the Bill of Rights is "Declaration and enumeration of a person's rights and privileges in the constitution aimed to protect against abuses by the government by a person or group of persons.“ ■ 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.
- 5. Section III BILL OF RIGHTS ■ (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. ■ Meaning of right to privacy Right to be left alone Privacy of Communication and Correspondence
- 6. BASIS AND PURPOSE OF THE RIGHT ■ Right existing in the state of Nature ■ Eight designed to secure enjoyment of one’s private life
- 7. RELATIONSHIP WITH RIGHTS AGAINST UNREASONABLE SEARCHES AND SEIZURE ■ Aspect of right to be secure in one’s person ■ Private of Communication and Correspondence
- 8. Section III BILL OF RIGHTS ■ (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. ■ Explanation: Everyone has the right to keep their correspondence and communications private. Nobody should eavesdrop on a person's phone calls or letters to others since they are personal or private. However, a court may legitimately suspend this right if the public's safety and security are at risk.
- 9. Right to Privacy ■ Invasion of Privacy ■ appropriation • intrusion • false light • revelation of private facts
- 10. Civil Rights Under Article-III, Section-3 ■ Republic Act 4200 – -Anti-Wiretapping Act – RA 4200 enacted on June 19, 1965 safeguard the constitutional rights to privacy of communication. It prohibits and penalizes wiretapping and other related violations of the privacy of communication
- 11. Civil Rights Under Article-III, Section-3 ■ Republic Act 9995 – Anti Photo and Video Voyeurism – Itis the act of taking photo or video coverage of a person or group of person performing sexual act or any similar activity or of capture an image of the private areas of a person or persons without the latter consent.
- 12. Civil Rights Under Article-III, Section-3 ■ Sample Case: 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.
- 13. Civil Rights Under Article-III, Section-3 ■ What is the PURPOSE of RIGHT? - In one sense, a right is a permission to do something or an entitlement to a specific service or treatment by others, and these rights have been called positive right. However, in another sense rights may allow or require inaction, and these are called negative rights, they permit in doing nothing. ■ LIMITATIONS -“When the interference is conducted according to a valid court order or when public safety or order requires otherwise as provided by law, the right is not breached. law against wiretapping”
- 14. Section IV BILL OF RIGHTS ■ 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.
- 15. Section IV ■ Explanation: There should be no law that punishes or prohibits us to speak and express our thought and opinions, media has also the power to make news, and articles about timely public affairs that citizens needs to know and should never be restricted. And law should not restrict people to assemble, like rallies, protest and petition as long as these assembles are lawful. as provided by the constitution.
- 16. Note: ■ The ability to express our thoughts and opinions would help our society to develop ,progress and self realization, because giving such an opinion can bring out change in society.
- 17. Important Rights Embodied in Section 4 ■ Freedom of Speech - The right of an individual to speak or after whatever he wants without prior restraint ■ Right to a Free Press - The right of an individual to write, publish, and circulate whatever he please without restraint. (Covers every sort of publication such as books, magazines, newspapers including radio and television.
- 18. Important Rights Embodied in Section 4 ■ Freedom of Assembly - The right of people to come together and collectively express, promote, pursue, and defend their ideas. ■ The Right of Petition - The Right of people to make complaints to, or seek the assistance of ones’s government, without fear of punishments.
- 19. Limitations of this Right ■ Severe Calumny- Untruthful information about a person or character assassinations. • Libel- Written • Slander- Verbal ■ Anything that provokes violence or disorder ■ Form of Discrimination ■ Threatening message
- 20. Limitations of this Right ■ Anything lewd or obscene ■ Seditious Message ■ Destroying the reputation of others
- 21. Conclusion ■ , Therefore, it is important to have knowledge about privacy. By limiting the state's legitimate powers, it establishes the connection between the individual and the state and defines the individual's rights. It is among the most significant political accomplishments made by Filipinos. ■ Our rights to speech are very important not only for the people but also for the good of our government . Giving our thoughts and opinions has a great impact especially to the improvement of our society. We should never restrict press from providing informations and publishing it, because people have also the rights to know about public issues in our society. And we should always remember that these rights have certain limitations we should put in minds while exercising these rights. And we should never say or write something that could affect the dignity and integrity of a person.
- 23. Thank you