2284818
Description
Flashcards by Khayla Buscaino, updated more than 1 year ago
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Created by Khayla Buscaino
about 9 years ago
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| Question | Answer |
| Charter of Liberty | Also known as the "Bill of Rights" |
| Art 3, Sec 1 | No 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 |
| Right | The freedom to do or not to do something, as recognized by law or the Constitution of a country |
| Freedom with corresponding duty or obligation | Freedom, as a privilege to be enjoyed, carries with it, in relation with others, a duty or responsibility to be discharged |
| Respect for the freedom of others | It protects our freedom but we must respect the freedom of others and the right of the State to protect the good of society |
| State | An instrument to promote individual and social welfare |
| Role of Judiciary | The duty of the courts to see to it that in the cases, the rights of the individual are properly balanced |
| Civil Rights | The right to protection of one's life, liberty, and property |
| Political Rights | those rights which give an individual the power to participate, directly or indirectly, in the operation of the government |
| Ground for deprivation | This 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 |
| Compliance with procedure prescribed | This 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 |
| Art 3, Sec 2 | Right against unreasonable search and seizure |
| Search Warrant | A written order issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer |
| Warrant of Arrest | A written order of a judge to arrest or bring a named person into custody |
| Requirements for valid search warrant or warrant of arrest | The 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 |
| Probable Cause | A good reason for believing that the law has been broken or a crime has been committed |
| In Flagrante | When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense |
| Hot Pursuit | When he has personal knowledge of facts (not based on hearsay) indicating that the person to be arrested has committed an offense |
| Escapee | When the eperson to be arrested is a prisoner who has escaped from prison or while being transferred from one confinement to another |
| Right of Privacy | The 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 |
| Police Power | The inherent power of the State to protect the interests of society |
| Art 3, Sec 3 | Right of Privacy of communications and correspondence |
| Art 3, Sec 4 | No 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 |
| Freedom of Expression | the liberty to say, write, disseminate, or publish |
| Types of Rights | 1. Natural Rights 2. Constitutional Rights 3. Statutory Rights 4. Political/ Civil/ Legal Rights |
| Natural Rights | Based on one's dignity as a human person |
| Constitutional Rights | Conferred and protected by the constitution |
| Statutory Rights | Provided by laws promulgated |
| Political / Civil / Legal Rights | Political Rights |
| Fruit of the Poisonous Tree | the case wherein they can file against you during an illegal possession but not the arrest warrant |
| Exemptions to Right of Privacy | 1. Upon lawful order from the court 2. When public safety or order requires, otherwise prescribed by law |
| 3 test in regulating the Freedom of Expression | 1. The dangerous tendency test 2. The clear and present danger test 3. The balancing of interest test |
| Clear and Present Danger Test | The abridgement of the liberty can be justified only where there exists substantial danger |
| Obscenity and Decency | What might be an "art" to oders may also be an act of Obscenity and Indecency to others |
| Art. 3, Sec 5 | No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof |
| Religious Freedom | The right of an individual to embrace religious belief without any interference from any person |
| 2 Principal Parts of Religious Freedom | 1. Non-establishment Clause 2. Free Exercise |
| Non-establishment clause | No policy that would give performance to one religion |
| Free Exercise | We are free to have our own religion |
| 2 Aspects of Free Exercise | 1. Freedom to believe is an absolute right 2. Freedom to act in accordance with such belief |
| Religious Test | On requireing that one professes or repudiates a religious belief before the performance of any act |
| Art 3, Sec 6 | The liberty of abode and travel within the limits prescribed by law |
| Liberty of Abode and Travel | The right of a person to have his residence in whatever place he desires without interference from the government or anybody |
| Art 3, Sec 7 | Rights of access to official information (documents) on matters of public concern |
| Excemtions to Sec 7 | 1. Security Matters 2. Banking Transactions |
| Art 3, Sec 8 | Right to form, join or not to join, associations, union, society, etc |
| Organizations | Initiation that has no violence is allowed Anti-Hazing. |
| Art 3, Sec 9 | Private property shall not be taken for public use without just compensation |
| 3 essential powers of the government | 1. Eminent Domain 2. Police Power 3. Taxation |
| Eminent Domain | the right of the state to take any private property for public use upon paying to the owner a just compensation |
| Police Power | The power of the state to make laws/regulations to promote public health, morals, safety, and the general welfare and convenience of the people |
| Taxation | Power 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 |
| Prima Facie | case is established if the accused is not able to present contradictory evidence to it |
| Art 3, Sec 14 | No person shall be held to answer for a criminal offense without due process of law |
| Importance of Right | The right of an accused to be heard with the assistance of a lawyer |
| Waiver of Right | the right to be represented by a counsel is deemed very important |
| 3 Types of Trial | 1. Speedy Trial 2. Impartial TRial 3. Public Trial |
| Art 3, Sec 17 | No person shall be compelled to be a witness against himself |
| Right against self-incrimination | 1. Scope of Right 2. Compulsory testimonial self-incrimination 3. Silence of the accused |
| Scope of Right | A person cannot be required to talk about any matter which might tend to show that he himself has committed a crime |
| Compulsory testimonial self-incrimination | What is prohibited is being compelled to give testimony |
| Silence of the accused | When a person uses his right not to speak, it cannot be used against hima s an evidence |
| Article 4 | Citizenship |
| Article 4, Sec 1 | Citizens 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 |
| Citizenship | A term signifying membership in a democratic state |
| A Citizen | A person who is a member of a democratic state, enjoying all political and civil rights |
| An Alien | A citizen or a subject of a country who is living in or just passing or visiting another country |
| Citizenship | 1) Citizens at the time of the adoption 2) Citizens by blood relationship 3) Citizens through election under the 1935 Constitution 4) Citizens by Naturalization |
| Citizens at the time of the adoption of the constitution | Those 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 |
| Citizens by Blood Relationship | 1. Jus Sanguinis 2. Jus Soli |
| Jus Sanguinis | Citizenship BY BIRTH becuase of blood relationship |
| Jus Soli | Citizenship by PLACE OF BIRTH |
| Citizens through election under the 1935 Constitution | Those 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 |
| Naturalization | The process by which a foreigner becomes a citizen of a state |
| Citizens by Naturalization | Only those who have come to love our country and can contribute to its development and progress should be allowed to become citizens by naturalization |
| Ways of acquiring citizenship by naturalization | 1. Judgement of the court 2. By direct act of Congress |
| By judgement of the court | a 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 |
| By direct act of Congress | In this case, our lawmaking body simply passes a law directly granting citizenship on a foreigner |
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