Davide raises alarm on inclusion of surveillance warrant in draft charter

MANILA, Philippines — Former Chief Justice Hilario Davide Jr. on Wednesday said the right of people to privacy against unreasonable searches and seizures would be reduced in the draft federal constitution.

“Under the [present] Constitution, there is only one possible way—the search warrant. This time, they have added a surveillance warrant,” Davide said in an interview on ANC’s “Headstart.”

The draft’s provision on searches and seizures under Article III or the Bill of Rights now provides that surveillance through technological, electronic or other means requires a surveillance warrant.

The surveillance warrant should describe the purpose, period, target individuals and manner of surveillance.

The draft charter states that no surveillance warrant shall be granted except upon a showing that there are no other reasonable means of obtaining the information or evidence.

“In other words, if the authorities would not have enough evidence against you and they are ready for warrant, the court on application for surveillance may be able to obtain a surveillance warrant and install certain gadgets to cover you,” Davide, one of the vocal critics of moves to alter the 1987 Constitution, said.

The National Union of People’s Lawyer also expressed concern on the provision, saying it is “out of place in a constitution, much less in a Bill of Rights vis-à-vis the vast powers of the state.”

“The introduction of ‘surveillance warrants’ does not only expand the already invasive and oft-abused powers of the state on searches and seizures but sanctions and institutionalizes further intrusions into the rights of individuals and communities,” NUPL said.

For the 22-member consultative committee tasked by President Rodrigo Duterte, the draft charter will strengthen the Bill of Rights through the addition of social and economic rights, and environmental and ecological rights.

READ: What’s new in the Bill of Rights of the proposed federal charter?