Podcast
Questions and Answers
What type of speech is libel considered?
What type of speech is libel considered?
What is presumed when writing is defamatory?
What is presumed when writing is defamatory?
What must be proven for a libel case against a public figure?
What must be proven for a libel case against a public figure?
How is the prohibition on political campaigning during overseas voting characterized?
How is the prohibition on political campaigning during overseas voting characterized?
Signup and view all the answers
What allows for fair comments on matters of public interest to be actionable?
What allows for fair comments on matters of public interest to be actionable?
Signup and view all the answers
In what scenario might malice not be presumed in a libel case?
In what scenario might malice not be presumed in a libel case?
Signup and view all the answers
Why is freedom of expression not considered an unbridled license?
Why is freedom of expression not considered an unbridled license?
Signup and view all the answers
What government interest justifies limitations on free expression in certain cases?
What government interest justifies limitations on free expression in certain cases?
Signup and view all the answers
Which clause prohibits the government from favoring one religion over another?
Which clause prohibits the government from favoring one religion over another?
Signup and view all the answers
What concept allows individuals to exercise their religion without government promotion?
What concept allows individuals to exercise their religion without government promotion?
Signup and view all the answers
Which part of the Free Exercise Clause is limited and subject to regulation?
Which part of the Free Exercise Clause is limited and subject to regulation?
Signup and view all the answers
What must limitations on the right to travel serve according to the Constitution?
What must limitations on the right to travel serve according to the Constitution?
Signup and view all the answers
What action is justified under the principle of accommodation within religious freedom?
What action is justified under the principle of accommodation within religious freedom?
Signup and view all the answers
Which is NOT a limitation imposed on the right to travel?
Which is NOT a limitation imposed on the right to travel?
Signup and view all the answers
Under what circumstances can the government impose restrictions on religious practices?
Under what circumstances can the government impose restrictions on religious practices?
Signup and view all the answers
Which statement accurately reflects the concept of government neutrality in religious matters?
Which statement accurately reflects the concept of government neutrality in religious matters?
Signup and view all the answers
What is the primary focus of the right to informational privacy?
What is the primary focus of the right to informational privacy?
Signup and view all the answers
Which element is NOT part of the two-part test for determining reasonable expectation of privacy?
Which element is NOT part of the two-part test for determining reasonable expectation of privacy?
Signup and view all the answers
What must a Facebook user do to invoke their right to privacy regarding a post?
What must a Facebook user do to invoke their right to privacy regarding a post?
Signup and view all the answers
How does restricting Facebook posts to 'Friends' affect privacy?
How does restricting Facebook posts to 'Friends' affect privacy?
Signup and view all the answers
Why should surveillance cameras avoid covering areas with a reasonable expectation of privacy?
Why should surveillance cameras avoid covering areas with a reasonable expectation of privacy?
Signup and view all the answers
Which of the following actions is considered a violation of the right to privacy?
Which of the following actions is considered a violation of the right to privacy?
Signup and view all the answers
What does the right against unreasonable searches and seizures protect?
What does the right against unreasonable searches and seizures protect?
Signup and view all the answers
What is one consequence of a user's failure to employ privacy tools on Facebook?
What is one consequence of a user's failure to employ privacy tools on Facebook?
Signup and view all the answers
What must occur before a search can be considered incident to a lawful arrest?
What must occur before a search can be considered incident to a lawful arrest?
Signup and view all the answers
What does 'in flagrante delicto' refer to in the context of arrests?
What does 'in flagrante delicto' refer to in the context of arrests?
Signup and view all the answers
Which of the following is NOT a valid basis for a warrantless arrest?
Which of the following is NOT a valid basis for a warrantless arrest?
Signup and view all the answers
What is meant by 'area of immediate control' in a search incident to an arrest?
What is meant by 'area of immediate control' in a search incident to an arrest?
Signup and view all the answers
For a hot pursuit arrest, which of the following must be demonstrated?
For a hot pursuit arrest, which of the following must be demonstrated?
Signup and view all the answers
What is a critical element that allows a law enforcement officer to make an arrest?
What is a critical element that allows a law enforcement officer to make an arrest?
Signup and view all the answers
Which scenario would invalidate a search incident to arrest?
Which scenario would invalidate a search incident to arrest?
Signup and view all the answers
What is a requirement for a valid arrest in terms of overt acts?
What is a requirement for a valid arrest in terms of overt acts?
Signup and view all the answers
What constitutes a search under the constitutional prohibition?
What constitutes a search under the constitutional prohibition?
Signup and view all the answers
Which of the following statements about mandatory drug testing is true?
Which of the following statements about mandatory drug testing is true?
Signup and view all the answers
What is NOT a constitutional requisite for a valid search warrant?
What is NOT a constitutional requisite for a valid search warrant?
Signup and view all the answers
What does probable cause for a search warrant mean?
What does probable cause for a search warrant mean?
Signup and view all the answers
Why is there a requirement for a warrant to be connected to one specific offense?
Why is there a requirement for a warrant to be connected to one specific offense?
Signup and view all the answers
Which of the following is considered a valid warrantless search?
Which of the following is considered a valid warrantless search?
Signup and view all the answers
Under what condition is the right against unreasonable search and seizure not invoked?
Under what condition is the right against unreasonable search and seizure not invoked?
Signup and view all the answers
What does the term 'plain view' refer to in the context of search and seizure?
What does the term 'plain view' refer to in the context of search and seizure?
Signup and view all the answers
What is required for a hot pursuit arrest concerning the timing of the offense?
What is required for a hot pursuit arrest concerning the timing of the offense?
Signup and view all the answers
Which scenario illustrates a lack of probable cause for a hot pursuit arrest?
Which scenario illustrates a lack of probable cause for a hot pursuit arrest?
Signup and view all the answers
What is the requirement for a valid customs search?
What is the requirement for a valid customs search?
Signup and view all the answers
What does the plain view doctrine allow for during a lawful search?
What does the plain view doctrine allow for during a lawful search?
Signup and view all the answers
Which of the following reflects a lack of immediacy for a hot pursuit arrest?
Which of the following reflects a lack of immediacy for a hot pursuit arrest?
Signup and view all the answers
What type of search is allowed during a checkpoint stop?
What type of search is allowed during a checkpoint stop?
Signup and view all the answers
What must be present for an extensive search to be conducted at a checkpoint?
What must be present for an extensive search to be conducted at a checkpoint?
Signup and view all the answers
Which element is NOT required for the plain view doctrine to apply?
Which element is NOT required for the plain view doctrine to apply?
Signup and view all the answers
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
Stop and Frisk Search
- 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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
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.
