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91 Cards in this Set
- Front
- Back
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declaration of rights and privileges that the constitution must protect against violations
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bill of rights |
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rights conferred by God
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Natural Rights |
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rights provided by constitution |
constitutional rights |
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rights by legislation |
stature rights |
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no person shall be deprived of life liberty or property without due process |
SECTION 1 |
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hears before it condems, which proceeds inquiry, renders judgement after trial |
procedural due process |
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law passed must not be oppressive. fair, reasonable and just |
substantive due process |
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interest of the general public requires due police power |
lawful subject |
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means employed are reasonably necessary and not oppressive to individuals |
lawful means |
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likewise protected and are deemed persons under the law |
private corporations |
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more than mere animal existence |
life |
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merely freedom from restraints. under the law. |
liberty |
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right to own, use transmit |
property |
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all person subjected to legislation must be treated alike |
right on equal protection of the law |
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which discriminated against some and favors others when both are similarly situated, is prohibited |
class legislation |
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right to use |
jus utendi |
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right to abuse |
jus abutendi |
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fruit of your property |
jus fruendi |
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Unreasonable searches and seizures of whatever nature |
SECTION 2 |
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THE SECTION 2 LAW
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right against unreasonable searches and seizures |
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order in writing in the name of the poeple of phil, signed by a judge and directed to a peace officer, commandiing him to arrest a personn and take him into custody of the law |
warrant of arrest |
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order in writing in the name of the poeple of phil, signed by a judge and directed to a peace officer, commandiing him to search for personal property and bring it before the court
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search warrant |
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turn over immedietly or else illegel detention |
citizens arrest |
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100km radius not allowed |
destiero |
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requisite for search warrant and arrest |
probable cause |
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caught in the act |
flagrante delicto arrest |
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person to be arrested has committed it and time element is a significant factor |
hot pursuit arrest |
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requirement of warrant less search |
consent or waiver |
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have a right but failed to use it |
waiver |
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requisites for search warrant |
a. probable cause b. must be determined by judge c. basis of careful examination and formal complaint d. place and person must be identified and described |
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warrantless search requisite |
a. flagrante delcito arrest
b. hot pursuit arrest c. escaped prisoner |
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warrantless search |
a. consent or waiver b. incident to a lawful arrest c. moving vehicle - contraband being transported d. police power of the state e. it is in plain view f. routinary searches |
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made at borders or constructice borders, ports, and for the proper enforcement of customes and immigration laws |
routinary searches |
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Privacy of communication and correspondence |
SECTION 3 |
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evidence taken without due process |
fruit of the poisonous tree |
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right of a person agains unwarranted publicity . right to be left alone |
right to privacy |
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strictly prohibits any person not being authorized by all parties to any private communication, to tap any wire or cable |
Anti-wire Tapping Act |
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limitations of right to privacy |
a. lawful order of the court b. public safety or order requires |
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freedom of speech, expression and press |
SECTION 4 |
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two element of freedom of expression |
1. freedom of censorship or prior restraint 2. freedom from subsequent punishment |
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supression or restriction of publication of newspapers ....
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censorship |
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fear what he says, he will be given punishment |
freedom of subsequent punishment |
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right to freely articulate and publish what he pleases |
freedom of speech |
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slander by deeds |
oral defamation |
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by means of writing: freedom of speech |
libel |
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people are endowed with the right to analyze, acclaim or reveal the behavior of their repr. Good faith and free from malice |
evaluation of official demeanor
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opportunity to freely print |
freedom of the press |
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the right on the part of the citizens to meet peaceably for consulation with respect to public affairs |
freedom of assembly |
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means that any person or group of persons can complain without fear of penalty to the concerend governemnt branch or office |
right to petition |
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if words uttered or printed have the tendency to bring about evil , even in the future |
clear and present danger |
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if the utterance are of such nature so as to create a clear and present danger of the evil. Liberal rule because it waits for the happening of the evil first |
dangerous tendency rule |
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when particular conduct is regulated in the interest of public order and the regulation results in indirect, conditional partial abridgement of speech... |
balance of interest |
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religion |
SECTION 5 |
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right to believe in god and choose religion |
freedom of religion
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"Neither state nor the federal gov't can set a church" |
Justice Black |
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"the clause against establishment of religion by law was intended to erect a wall of separation bet church and state" |
jefferson |
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liberty of abode |
SECTION 6 |
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right of a person to have his home in whatever place chosen by him |
liberty of abode |
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right of the people to information regarding public concern |
SECTION 7 |
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condition to an efficiently run governemnt |
well-informed citizenry |
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"Freedom of the press and freedom of acces to info bearing on governemental decision are fundmamental elemets of popular sovereignty" |
Michael Sodaro |
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right to form uniion |
SECTION 8 |
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freedom to organize or to be a member of any group, assocuantion....
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freedom of associations |
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private property:just compensation |
SECTION 9 |
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ultimate right of th epower to expropriate any property |
right of eminent domain |
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CONTRACTS |
Section 10 |
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free access to courts |
section 11 |
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assisted by public prosectutorand counsel from PAO |
indigent litigants |
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grant free legal assistance (TRIAL COURT) |
Integrated Bar of the Philippines |
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Right to counsel/remain silent |
Section 12 |
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right to bail |
section 13 |
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simple and personal obligation entered into before the court and having no money penalty attached |
recognizance |
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presumption of innocence |
section 14 |
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burden proof lies in the prosection. accused is guilt but with evidence, the burden is proved innocent |
due process in criminal offense
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fair at all times, not favoritism |
impartial |
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writ of habeas corpus |
section 15 |
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an order of the issued by a court of competent jurisdiction, commancing him to produce the body of the prisoner at a designated time and place and to show sufficient cause |
Writ of Habeas Corpus |
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judicial maxim |
"justice delayed is justice denied" |
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speedy disposition of cases |
section 16 |
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right to protect the family |
writ of amparo |
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a balance and healthful ecology |
writ of kalikasan |
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right against self incrimination |
section 17 |
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no person shall be compelled to be a witness against himself |
right against self-incrimination |
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political beliefs and involuntary servitude |
section 18 |
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death penalty |
section 19 |
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employment of physical psychological or degrading punishment against any prisoner |
right against oppressive penalty |
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debt or non payment of a poli tax |
section 20 |
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double jeopardy; same offense |
section 21 |
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double jeopardy is a second prosection after a prior trial for the same offense. |
Hempfill's law |
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No ex post facto law or bill of attainder shall be enacted |
Section 22 |
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legislative act whihc inflicts punishment w/o judicial trial. |
Bill of Attainder |
