UST Law Review

THE RIGHT TO BE LEFT ALONE: A RE-EVELUATION
By: Maria Cecilia R. Padiernos

Abstract

The general concept of right to privacy encompasses the right of every person to be secure in
their persons, houses, and papers. It also extends to privacy of communication and correspondence as well as right against unreasonable searches and seizures of whatever nature and for any purpose.

The preservation of these rights is embodied in the Constitution and in many other special laws.
However, the right to privacy, like any other rights is not absolute. The exercise of such right cannot go further at certain extent which would be to the detriment of the State or to the prejudice of the general welfare. Inasmuch as the Constitution guarantees such right, the State could not just stay still when the exercise of such right is being abused.

Thus, in the case the individual right to privacy stands in conflict with the people’s concern as a
nation, these two should be harmonized by applying the Balancing of Interest test.