Privacy of Correspondence (1998) : (People v. Fajardo, 104 Phil. 443 11958) )
Privacy of Correspondence (1998) : (People v. Fajardo, 104 Phil. 443 11958) )
Privacy of Correspondence (1998) : (People v. Fajardo, 104 Phil. 443 11958) )
No VII. - The police had suspicions that Juan Samson, member of the subversive New Proletarian
Army, was using the mail for propaganda purposes in gaining new adherents to its cause. The Chief
of Police of Bantolan, Lanao del Sur ordered the Postmaster of the town to intercept and open all mail
addressed to and coming from Juan Samson in the interest of the national security. Was the order of
the Chief of Police valid? (5%)
SUGGESTED ANSWER:
No, the order of the Chief of Police is not valid, because there is no law which authorizes him to order
the Postmaster to open the letters addressed to and coming from Juan Samson. An official in the
Executive Department cannot interfere with the privacy of correspondence and communication in the
absence of a law authorizing him to do so or a lawful order of the court. Section 3(1), Article III of the
Constitution provides:
"The privacy of communication andcorrespondence shall be inviolableexcept upon lawful order of the
court, orwhen public safety or order requires otherwise as prescribed by law."
4. 1169