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