1987 Constitution: Bill of Rights and Due Process
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Questions and Answers

What type of speech is libel considered?

  • Conditional speech
  • Free speech
  • Unprotected speech (correct)
  • Protected speech

What is presumed when writing is defamatory?

  • Innocence
  • Malice (correct)
  • Negligence
  • Truth

What must be proven for a libel case against a public figure?

  • Actual malice (correct)
  • Proof of damage
  • Presumptive malice
  • Intent to harm

How is the prohibition on political campaigning during overseas voting characterized?

<p>Content-neutral regulation (A)</p> Signup and view all the answers

What allows for fair comments on matters of public interest to be actionable?

<p>False allegations of fact (C)</p> Signup and view all the answers

In what scenario might malice not be presumed in a libel case?

<p>Privileged communications (D)</p> Signup and view all the answers

Why is freedom of expression not considered an unbridled license?

<p>It has limits against abuses and illegal speech (B)</p> Signup and view all the answers

What government interest justifies limitations on free expression in certain cases?

<p>Protecting private individuals from defamation (D)</p> Signup and view all the answers

Which clause prohibits the government from favoring one religion over another?

<p>Non-Establishment Clause (C)</p> Signup and view all the answers

What concept allows individuals to exercise their religion without government promotion?

<p>Doctrine of Benevolent Neutrality (B)</p> Signup and view all the answers

Which part of the Free Exercise Clause is limited and subject to regulation?

<p>The freedom to act on one's belief (C)</p> Signup and view all the answers

What must limitations on the right to travel serve according to the Constitution?

<p>National security, public safety, or public health (B)</p> Signup and view all the answers

What action is justified under the principle of accommodation within religious freedom?

<p>Holding religious rituals in government spaces (D)</p> Signup and view all the answers

Which is NOT a limitation imposed on the right to travel?

<p>Personal choice and preferences (D)</p> Signup and view all the answers

Under what circumstances can the government impose restrictions on religious practices?

<p>When external acts affect public welfare (C)</p> Signup and view all the answers

Which statement accurately reflects the concept of government neutrality in religious matters?

<p>The government cannot favor or support any religion. (C)</p> Signup and view all the answers

What is the primary focus of the right to informational privacy?

<p>The right of individuals to control information about themselves (B)</p> Signup and view all the answers

Which element is NOT part of the two-part test for determining reasonable expectation of privacy?

<p>Whether the individual has sought legal advice about privacy (C)</p> Signup and view all the answers

What must a Facebook user do to invoke their right to privacy regarding a post?

<p>Limit visibility using Facebook's privacy tools (A)</p> Signup and view all the answers

How does restricting Facebook posts to 'Friends' affect privacy?

<p>It does not guarantee absolute protection from unintended viewers (D)</p> Signup and view all the answers

Why should surveillance cameras avoid covering areas with a reasonable expectation of privacy?

<p>It respects individuals' rights and privacy concerns (C)</p> Signup and view all the answers

Which of the following actions is considered a violation of the right to privacy?

<p>Limiting fence height and requiring see-through materials (D)</p> Signup and view all the answers

What does the right against unreasonable searches and seizures protect?

<p>The right to privacy in certain lawful contexts (C)</p> Signup and view all the answers

What is one consequence of a user's failure to employ privacy tools on Facebook?

<p>The user may inadvertently share information with unintended audiences (A)</p> Signup and view all the answers

What must occur before a search can be considered incident to a lawful arrest?

<p>The lawful arrest must precede the search. (A)</p> Signup and view all the answers

What does 'in flagrante delicto' refer to in the context of arrests?

<p>A person is committing a crime in the presence of law enforcement. (B)</p> Signup and view all the answers

Which of the following is NOT a valid basis for a warrantless arrest?

<p>Receiving reliable information about a suspect. (D)</p> Signup and view all the answers

What is meant by 'area of immediate control' in a search incident to an arrest?

<p>The area from which the person could grab a weapon or destroy evidence. (B)</p> Signup and view all the answers

For a hot pursuit arrest, which of the following must be demonstrated?

<p>The offense must have just been committed. (B)</p> Signup and view all the answers

What is a critical element that allows a law enforcement officer to make an arrest?

<p>Personal knowledge of facts indicating commission of a crime. (A)</p> Signup and view all the answers

Which scenario would invalidate a search incident to arrest?

<p>A traffic stop for a violation punishable by a fine. (B)</p> Signup and view all the answers

What is a requirement for a valid arrest in terms of overt acts?

<p>The suspect must engage in actions indicative of committing a crime. (D)</p> Signup and view all the answers

What constitutes a search under the constitutional prohibition?

<p>An intrusion into a person's reasonable expectation of privacy. (A)</p> Signup and view all the answers

Which of the following statements about mandatory drug testing is true?

<p>It violates the right to privacy. (B)</p> Signup and view all the answers

What is NOT a constitutional requisite for a valid search warrant?

<p>A detailed description of the offense. (A)</p> Signup and view all the answers

What does probable cause for a search warrant mean?

<p>Facts that could lead a prudent person to believe an offense has occurred. (D)</p> Signup and view all the answers

Why is there a requirement for a warrant to be connected to one specific offense?

<p>To prevent the issuance of general warrants. (D)</p> Signup and view all the answers

Which of the following is considered a valid warrantless search?

<p>Search incidental to a lawful arrest. (B)</p> Signup and view all the answers

Under what condition is the right against unreasonable search and seizure not invoked?

<p>If the search is initiated by a private individual. (A)</p> Signup and view all the answers

What does the term 'plain view' refer to in the context of search and seizure?

<p>Items that are openly displayed at a location without concealment. (C)</p> Signup and view all the answers

What is required for a hot pursuit arrest concerning the timing of the offense?

<p>The offense must have been committed just recently. (B)</p> Signup and view all the answers

Which scenario illustrates a lack of probable cause for a hot pursuit arrest?

<p>Police entering a house based solely on a citizen's report of suspicious activity. (A)</p> Signup and view all the answers

What is the requirement for a valid customs search?

<p>The search must fall under the enforcement of customs law without a warrant. (A)</p> Signup and view all the answers

What does the plain view doctrine allow for during a lawful search?

<p>Seizing contraband objects in plain view during lawful intrusion. (D)</p> Signup and view all the answers

Which of the following reflects a lack of immediacy for a hot pursuit arrest?

<p>An arrest made one day after a reported robbery. (C)</p> Signup and view all the answers

What type of search is allowed during a checkpoint stop?

<p>A visual search of the vehicle without invasive procedures. (B)</p> Signup and view all the answers

What must be present for an extensive search to be conducted at a checkpoint?

<p>The officer's belief that passengers committed a crime. (D)</p> Signup and view all the answers

Which element is NOT required for the plain view doctrine to apply?

<p>Awareness that the items are valuable. (A)</p> Signup and view all the answers

Flashcards

Content-Based Prior Restraint

A restriction that limits what can be said, often deemed invalid.

Content-Neutral Prior Restraint

A restriction that limits expression without regard to content, but often invalid if excessive.

Prohibition on Political Campaigning (Overseas)

Banning political campaigning during the overseas voting period is likely invalid if overly broad.

Libel

A false statement damaging someone's reputation, that is unprotected speech.

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Malice Presumption in Libel

In libel cases, there's a presumption of malice if the statement is defamatory.

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Public Figure Doctrine (Libel)

In cases against public figures, actual malice must be proven for libel.

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Fair Comment Doctrine

Comments on public figures are protected if based on facts, even if mistaken.

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Unprotected Speech

Speech that is not protected by free speech rights (like libel).

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Establishment Clause

The government cannot establish a religion or favor one religion over others.

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Free Exercise Clause

Individuals can practice their beliefs, but these practices are limited when they affect public safety.

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Benevolent Neutrality

Allows accommodation of religion without endorsing a favored religion.

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Right to travel

The right to move freely within and between states, with limitations to serve national security, public safety, or public health, supported by law.

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Limitations on Right to Travel

Restrictions on the right to travel must serve national security, public safety, or public health and be authorized by law.

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Religious Freedom

The constitutional right to practice one's religion, with limits on actions affecting public safety.

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State Interest

A valid reason for the government to restrict religious activities that negatively impact public safety.

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Accommodation of Religion

Allowing religious practices without establishing a state religion; for example, a Catholic mass in a government building.

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Right to Privacy

The right to be free from unwanted intrusion into one's personal life. This right protects various aspects of privacy, including:

  • Locational Privacy: Freedom from tracking or monitoring one's whereabouts.
  • Informational Privacy: Control over information about oneself.
  • Decisional Privacy: Making personal choices free from government interference.
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Informational Privacy

The right of individuals to control information about themselves, including what information is collected, used, and disclosed.

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Reasonable Expectation of Privacy

A person's expectation of privacy is considered reasonable if they have taken steps to protect their information and society recognizes that level of privacy as legitimate.

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Facebook Privacy Tools

Features offered by Facebook to control the visibility of posts and other information. These tools help users exercise their right to informational privacy on the platform.

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Surveillance Cameras

Cameras used to monitor public spaces or areas where individuals have a reasonable expectation of privacy. Using them to intrude into private spaces, like homes or offices, can be illegal.

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Unreasonable Search and Seizure

A violation of the Fourth Amendment of the US Constitution. It occurs when law enforcement searches or seizes property without a warrant or without probable cause.

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Right to Privacy and Property

The right to privacy extends to the protection of one's property. Government restrictions that excessively intrude upon the privacy of property owners, such as mandating fences, can be considered violations of privacy.

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Anti-Wiretapping Law

A law prohibiting the unauthorized interception of wire, oral, or electronic communications. This law helps protect privacy rights.

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Search Warrant Requirement

A legal document issued by a judge that authorizes a search of a specific place or person for specific items.

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Probable Cause for Search

Sufficient evidence suggesting that a crime has been committed and the items sought are in the place to be searched.

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One Specific Offense Rule

A search warrant must be issued for a specific crime, preventing overly broad searches.

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Warrantless Search - Incident to Arrest

Police can search a person and their immediate surroundings during a lawful arrest.

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Warrantless Search - Plain View

Police can seize evidence that is in plain view, even if they don't have a warrant for that specific evidence.

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Warrantless Search - Moving Vehicle

Police can search a vehicle without a warrant if there is probable cause to believe it contains evidence of a crime.

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Private Search Exception

The constitutional right against unlawful search and seizure doesn't apply when a private individual conducts a search for their own reasons.

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Hot Pursuit Arrest

An arrest made immediately after a crime is committed, where the officer has witnessed the crime or has immediate and reliable information.

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Immediacy in Hot Pursuit

The key element of hot pursuit is that the arrest must happen immediately after the crime. This means there's no delay for investigation or verification.

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Lack of Immediacy Example

An arrest of a robbery suspect at a checkpoint one day after the robbery is NOT considered hot pursuit.

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Checkpoint Search

A search conducted at a designated location where all vehicles are briefly stopped for inspection.

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Valid Checkpoint Search

Checkpoints are acceptable if they are used to protect public safety, prevent crime, or address a serious threat.

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Visual Search vs. Extensive Search

Visual searches are limited to what officers can see without entering the vehicle. Extensive searches allow officers to search compartments and belongings based on probable cause.

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Customs Search

A search conducted by customs officials at borders or ports of entry to enforce customs laws.

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Plain View Doctrine

Allows officers to seize contraband or evidence that is in plain sight, even without a warrant, if they are lawfully present.

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Search incident to a lawful arrest

Police can search someone immediately after a lawful arrest. The arrest must happen first, not the search.

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Limitations to a search incident to a lawful arrest

The search must be limited to the area within the person's reach, where they might grab a weapon or destroy evidence.

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Valid warrantless arrests?

There are a few situations where police can arrest without a warrant, like catching someone red-handed, chasing a suspect, or arresting an escaped prisoner.

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In flagrante delicto

A warrantless arrest is allowed when someone is caught committing a crime in front of the officer.

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What's needed for 'in flagrante delicto' arrest?

Two things: The person must be doing something illegal, and the officer must see it happen.

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Hot pursuit

If the police have good reason to believe someone committed a crime, they can pursue them and arrest them without a warrant.

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What's needed for 'hot pursuit' arrest?

The crime must have just happened, and the officer must have solid evidence that the person committed it.

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Reliable information alone isn't enough

Just hearing rumors or gossip isn't enough for an arrest without a warrant. Police need to see something illegal happen.

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Study Notes

1987 Constitution: Bill of Rights

  • The Bill of Rights does not apply to relationships between individuals.
  • Private individuals' actions, without police intervention, are not subject to the Bill of Rights.
  • Barangay tanods and bantay bayan are considered state agents for purposes of the Bill of Rights.
  • Evidence obtained during an illegal search by these agents is inadmissible.
  • Port personnel's actions during routine security checks are considered state-related functions.

Due Process

  • No person can be deprived of life, liberty, or property without due process of law.
  • The 1987 Constitution protects life, liberty, and property.
  • Due process has two components: substantive and procedural.
  • Substantive due process ensures the law's validity in interfering with life, liberty, or property.
  • Procedural due process guarantees notice, hearing, and an impartial tribunal.
  • Ignoring these rights invalidates legal proceedings.
  • Lack of prior notice and hearing may or may not violate due process, depending on the specific case (e.g., clamping illegally parked vehicles versus issuing a temporary protection order).

Equal Protection

  • Equal protection guarantees equality among equals.
  • Valid classifications must be based on substantial distinctions, germane to the law's purpose, applicable to all members of the class, and not limited to existing conditions.
  • Socialized housing tax on real property owners is a valid classification (no violation of equal protection).
  • JBC policy requiring five years of service in lower courts for higher courts is a valid classification.
  • Banning aerial pesticide spraying (but not other methods) is an invalid classification.
  • Imposing different garbage fees based on housing type is invalid.

Free Speech

  • Basic prohibitions under free speech: prior restraint, subsequent punishment of protected speech, vague and overbroad laws.
  • Prior restraint: government censorship of expression in advance.
  • Content-based prior restraint is presumed invalid; the government must prove a clear and present danger to justify it.
  • Comelec regulations on oversized tarpaulins and election campaigning in PUVs violate free speech.
  • Banning partisan political activity during overseas voting is invalid.

Libel or Defamation

  • Libel is unprotected speech and is punishable.
  • The government protects individuals from defamation.
  • Cybercrime law penalizing libelous online statements is valid.
  • General rule: Presumption of malice for defamatory statements.
  • Exception: Malice is not presumed for privileged communications.
  • Public figures must prove actual malice to win a libel case.
  • Fair comment doctrine: Opinions on matters of public interest, even if mistaken, are protected if based on established facts.

Religious Freedom

  • The Constitution guarantees religious freedom.
  • Non-establishment clause: State cannot endorse or favor any religion.
  • The state must be neutral in religious matters.
  • Freedom to exercise religion is guaranteed but must not hinder public welfare or safety.
  • Catholic masses at a courthouse are an example of accommodation, not establishment.

Travel

  • Constitutional limitations may exist on the right to travel.
  • These limitations must serve national security, public safety, or public health and be established by law.
  • There is no law authorizing the Secretary of Justice to curtail the right to travel for national security.

Privacy

  • The right to privacy is the right to be let alone.
  • Three strands of privacy: locational, informational, and decisional.
  • Informational privacy is the right to control information about oneself.
  • Reasonable expectation of privacy test: A person must demonstrate an expectation of privacy, and that expectation must be socially acceptable (e.g., Facebook posts need a demonstrated intention to keep them private.)
  • Surveillance cameras should not cover places with a reasonable expectation of privacy.

Searches and Seizures

  • The right against unreasonable searches and seizures is part of the right to privacy.
  • A "search" occurs when there is intrusion into a person's reasonable expectation of privacy.
  • Mandatory drug testing is a violation of privacy and the right against self-incrimination.
  • The Bill of Rights does not apply to private searches.
  • A search warrant necessitates probable cause, personal examination under oath, and a precise description of the target.
  • Warrantless searches are valid under specific circumstances, like those incidents to a lawful arrest, plain view, or search of a moving vehicle.

Search Warrant Requirements

  • probable cause to believe an offense has been committed (determined personally by a judge)
  • sworn testimony from the complainant and witnesses (to be examined by the judge personally)
  • the exact location and items to be searched and seized
  • the specific offense must be clearly described

Valid Warrantless Searches

  • Incident to a lawful arrest
  • Plain view
  • Moving vehicles (high suspicion of criminal activity)
  • Consented searches
  • Customs searches
  • Stop and frisk
  • Exigent or emergency circumstances

Search Incident to a Lawful Arrest

  • Lawful arrest must precede the search
  • The "area of immediate control" is the area around the arrested person where they might access weapons or evidence.

In Flagrante Delicto

  • Two criteria must be met to arrest without a warrant:
    • A suspect must have committed, is currently committing, or is attempting to commit a crime
    • The overt act of committing the crime must be observed by the arresting officer

Hot Pursuit

  • The act of pursuing persons who just committed a crime, with probable cause by the law enforcement officer.
  • Mere information is not enough for a valid hot pursuit arrest. A direct observation of a crime is required
  • A police officer can conduct a stop and frisk search with reasonable suspicion that criminal activity may be afoot and that a person is armed and dangerous.
  • The scope of stop and frisk search is limited to outer clothing for weapons. Searches beyond clothing are unlawful.

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Explore the intricacies of the Bill of Rights and Due Process as outlined in the 1987 Constitution. This quiz covers key concepts such as state and individual actions, the role of state agents, and the fundamental components of due process. Test your understanding of how these legal protections function in practice.

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