Bill of Rights

Khayla Buscaino
Flashcards by Khayla Buscaino, updated more than 1 year ago
Khayla Buscaino
Created by Khayla Buscaino about 6 years ago
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PGC Flashcards on Bill of Rights, created by Khayla Buscaino on 03/16/2015.

Resource summary

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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