Karteikarten
Bill of Rights
Karten in diesem Stapel (78)
- 1Charter of LibertyAlso known as the "Bill of Rights"
- 2Art 3, Sec 1No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the law
- 3RightThe freedom to do or not to do something, as recognized by law or the Constitution of a country
- 4Freedom with corresponding duty or obligationFreedom, as a privilege to be enjoyed, carries with it, in relation with others, a duty or responsibility to be discharged
- 5Respect for the freedom of othersIt protects our freedom but we must respect the freedom of others and the right of the State to protect the good of society
- 6StateAn instrument to promote individual and social welfare
- 7Role of JudiciaryThe duty of the courts to see to it that in the cases, the rights of the individual are properly balanced
- 8Civil RightsThe right to protection of one's life, liberty, and property
- 9Political Rightsthose rights which give an individual the power to participate, directly or indirectly, in the operation of the government
- 10Ground for deprivationThis aspects requires that the deprivation or punishment must be authorized by law
A person cannot be punished for an act which is not punishable by law - 11Compliance with procedure prescribedThis aspect refers to manner by which the law is enforced
There must be a fair hearing or trial by an important judge before rendering judgement affecting a person's life, liberty or property - 12Art 3, Sec 2Right against unreasonable search and seizure
- 13Search WarrantA written order issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer
- 14Warrant of ArrestA written order of a judge to arrest or bring a named person into custody
- 15Requirements for valid search warrant or warrant of arrestThe warrant must state precisely the place to be searched as well as the persons to be arrested or things to be seized
Exceptional: An officer can make a search or seizure, or an arrest without going to a judge and getting a warrant - 16Probable CauseA good reason for believing that the law has been broken or a crime has been committed
- 17In FlagranteWhen, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense
- 18Hot PursuitWhen he has personal knowledge of facts (not based on hearsay) indicating that the person to be arrested has committed an offense
- 19EscapeeWhen the eperson to be arrested is a prisoner who has escaped from prison or while being transferred from one confinement to another
- 20Right of PrivacyThe right of a person to be left alone, or the right to live without interference by other people in matters with which they are not necessarily concerned
- 21Police PowerThe inherent power of the State to protect the interests of society
- 22Art 3, Sec 3Right of Privacy of communications and correspondence
- 23Art 3, Sec 4No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peacable to assemble and petition the government for redress of grievances
- 24Freedom of Expressionthe liberty to say, write, disseminate, or publish
- 25Types of Rights1. Natural Rights
2. Constitutional Rights
3. Statutory Rights
4. Political/ Civil/ Legal Rights - 26Natural RightsBased on one's dignity as a human person
- 27Constitutional RightsConferred and protected by the constitution
- 28Statutory RightsProvided by laws promulgated
- 29Political / Civil / Legal RightsPolitical Rights
- 30Fruit of the Poisonous Treethe case wherein they can file against you during an illegal possession but not the arrest warrant
- 31Exemptions to Right of Privacy1. Upon lawful order from the court
2. When public safety or order requires, otherwise prescribed by law - 323 test in regulating the Freedom of Expression1. The dangerous tendency test
2. The clear and present danger test
3. The balancing of interest test - 33Clear and Present Danger TestThe abridgement of the liberty can be justified only where there exists substantial danger
- 34Obscenity and DecencyWhat might be an "art" to oders may also be an act of Obscenity and Indecency to others
- 35Art. 3, Sec 5No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof
- 36Religious FreedomThe right of an individual to embrace religious belief without any interference from any person
- 372 Principal Parts of Religious Freedom1. Non-establishment Clause
2. Free Exercise - 38Non-establishment clauseNo policy that would give performance to one religion
- 39Free ExerciseWe are free to have our own religion
- 402 Aspects of Free Exercise1. Freedom to believe is an absolute right
2. Freedom to act in accordance with such belief - 41Religious TestOn requireing that one professes or repudiates a religious belief before the performance of any act
- 42Art 3, Sec 6The liberty of abode and travel within the limits prescribed by law
- 43Liberty of Abode and TravelThe right of a person to have his residence in whatever place he desires without interference from the government or anybody
- 44Art 3, Sec 7Rights of access to official information (documents) on matters of public concern
- 45Excemtions to Sec 71. Security Matters
2. Banking Transactions - 46Art 3, Sec 8Right to form, join or not to join, associations, union, society, etc
- 47OrganizationsInitiation that has no violence is allowed
Anti-Hazing. - 48Art 3, Sec 9Private property shall not be taken for public use without just compensation
- 493 essential powers of the government1. Eminent Domain
2. Police Power
3. Taxation - 50Eminent Domainthe right of the state to take any private property for public use upon paying to the owner a just compensation
- 51Police PowerThe power of the state to make laws/regulations
to promote public health, morals, safety, and the general welfare and convenience of the people - 52TaxationPower of the state to impose change/burden upon persons, property, rights, for the use and support of the government and to enable it to discharge its appropriate functions
- 53Prima Faciecase is established if the accused is not able to present contradictory evidence to it
- 54Art 3, Sec 14No person shall be held to answer for a criminal offense without due process of law
- 55Importance of RightThe right of an accused to be heard with the assistance of a lawyer
- 56Waiver of Rightthe right to be represented by a counsel is deemed very important
- 573 Types of Trial1. Speedy Trial
2. Impartial TRial
3. Public Trial - 58Art 3, Sec 17No person shall be compelled to be a witness against himself
- 59Right against self-incrimination1. Scope of Right
2. Compulsory testimonial self-incrimination
3. Silence of the accused - 60Scope of RightA person cannot be required to talk about any matter which might tend to show that he himself has committed a crime
- 61Compulsory testimonial self-incriminationWhat is prohibited is being compelled to give testimony
- 62Silence of the accusedWhen a person uses his right not to speak, it cannot be used against hima s an evidence
- 63Article 4Citizenship
- 64Article 4, Sec 1Citizens of the Philippines:
1. Those who were citizens of the Phil. at the time of the adoption of this Consitution
2. Those whose Fathers or Mothers are citizens of the Philippines
3. Those born before Jan 17, 1973, of Fil. mothers, who elected Philippine citizenship upon reaching the age of majority
4. Thos who are naturalized in accordance with law - 65CitizenshipA term signifying membership in a democratic state
- 66A CitizenA person who is a member of a democratic state, enjoying all political and civil rights
- 67An AlienA citizen or a subject of a country who is living in or just passing or visiting another country
- 68Citizenship1) Citizens at the time of the adoption
2) Citizens by blood relationship
3) Citizens through election under the 1935 Constitution
4) Citizens by Naturalization - 69Citizens at the time of the adoption of the constitutionThose considered filipino citizens under the 1973 Constitution (which took effect on Jan 17, 1973) at the time of the effectivity of the new Constitution on Feb 2, 1987 by virtue of Proclamation No. 58 of the President
- 70Citizens by Blood Relationship1. Jus Sanguinis
2. Jus Soli - 71Jus SanguinisCitizenship BY BIRTH becuase of blood relationship
- 72Jus SoliCitizenship by PLACE OF BIRTH
- 73Citizens through election under the 1935 ConstitutionThose whose citizenship was lost by such as marriage is regarded as an alien until he elects Philippine citizenship after reaching the age of majority
A child bborn of a Filipino mother (on or after Jan 17, 1973) is a natural-born Filipino citizen - 74NaturalizationThe process by which a foreigner becomes a citizen of a state
- 75Citizens by NaturalizationOnly those who have come to love our country and can contribute to its development and progress should be allowed to become citizens by naturalization
- 76Ways of acquiring citizenship by naturalization1. Judgement of the court
2. By direct act of Congress - 77By judgement of the courta foreigner who wishes to become a Filipino citizen may do so by applying for citizenship at the proper Regional Trial Court which will determine whether he has all the qualifications and none of the disqualifications provided by law
- 78By direct act of CongressIn this case, our lawmaking body simply passes a law directly granting citizenship on a foreigner
Informationen
- Beschreibung
- PGC Karteikarten am Bill of Rights, erstellt von Khayla Buscaino am 16/03/2015.
- Erstellt von
- Khayla Buscaino
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