Constitutional Rights and Freedoms Quiz

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Questions and Answers

What must occur for the privacy of communication to be violated?

  • A request from the government
  • A breach of contract
  • A public protest
  • A lawful order of the court (correct)

Which of the following rights is protected under the freedom of speech section?

  • The right to censorship
  • The right to freely assemble (correct)
  • The right to protest violently
  • The right to limit press criticism

What condition allows for the right to travel to be impaired?

  • Personal choice
  • Public safety (correct)
  • Weather conditions
  • Economic downturn

What is required for private property to be taken for public use?

<p>Just compensation (C)</p> Signup and view all the answers

Which right is guaranteed in terms of religious practices?

<p>The right to free exercise of religion (D)</p> Signup and view all the answers

What must be guaranteed to an individual under investigation for an offense?

<p>Knowledge of their right to remain silent (B)</p> Signup and view all the answers

What is a condition under which access to public information can be limited?

<p>Specified legal limitations (A)</p> Signup and view all the answers

What does the free access of the courts ensure regarding legal assistance?

<p>Legal assistance shall not be denied due to poverty (A)</p> Signup and view all the answers

Which type of duty cannot be exempted under any circumstances?

<p>Negative duties arising from negative natural law (D)</p> Signup and view all the answers

What should be prioritized when there is a conflict of duties?

<p>Duties towards God over duties towards men (C)</p> Signup and view all the answers

Which of the following statements is true regarding exemptions from duties?

<p>Affirmative duties may allow exemptions under excessive hardship (C)</p> Signup and view all the answers

How are duties prioritized according to their nature?

<p>Duties that secure public good are heavier than those that protect individual rights (D)</p> Signup and view all the answers

What is a requirement for claiming exemption from a duty?

<p>The claim must be justified by specific principles (B)</p> Signup and view all the answers

Which of the following conditions must be met for a person to waive their rights?

<p>It must be in writing and in the presence of counsel (B)</p> Signup and view all the answers

What is prohibited in relation to detaining an individual?

<p>Using force or threats to elicit a confession (D)</p> Signup and view all the answers

What must happen if a confession is obtained in violation of specific sections?

<p>It is inadmissible as evidence against the individual (B)</p> Signup and view all the answers

Which statement about the right to bail is correct?

<p>The right to bail remains even if habeas corpus is suspended (B)</p> Signup and view all the answers

What is guaranteed during criminal prosecutions?

<p>The presumption of innocence until proven guilty (A)</p> Signup and view all the answers

Under what circumstances can the privilege of the writ of habeas corpus be suspended?

<p>In cases of invasion or rebellion for public safety (D)</p> Signup and view all the answers

What rights do individuals have regarding their case before judicial bodies?

<p>The right to a speedy disposition of their case (D)</p> Signup and view all the answers

What must happen to an individual who has been detained due to political beliefs?

<p>No one shall be detained solely for their political beliefs (D)</p> Signup and view all the answers

Flashcards

Inviolable Privacy

Communication and correspondence are protected, except when a judge orders it or public safety demands it, as legally defined.

Freedom of Speech/Press

People can speak, write, and express themselves freely, as well as assemble and petition the government.

Freedom of Religion

Individuals can practice any religion, or no religion, without government interference.

Right to Travel

People can move freely, as long as it's not for national security, public safety or public health, which are legally defined reasons.

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Right to Information

People have the right to access public records and government information, but some restrictions may apply.

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Right to Organize and Form

People can create unions, associations, or organizations that are legal.

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Just Compensation (Private Property)

The government must pay fair value when taking private property for public use.

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Right to Counsel (Suspects)

Anyone suspected of a crime has the right to a lawyer, even if they cannot afford one.

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Rights that can't be waived

Specific rights, like freedom from torture, that cannot be voluntarily given up without specific conditions (like writing and counsel).

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Prohibited Detention Methods

Methods like torture, force, violence, secret detention, solitary confinement, and incommunicado detention are forbidden.

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Inadmissible Confessions

Confessions gained through torture or other violations of law are not allowed as evidence in court.

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Right to Bail

Except in certain cases, a person accused of a crime is usually allowed to pay bail to be released from jail while awaiting trial.

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Due Process

Everyone has the right to a fair legal process and is expected to follow such process.

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Presumption of Innocence

In a criminal trial, a person is considered innocent until proven guilty beyond a reasonable doubt.

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Writ of Habeas Corpus

A legal process that protects individuals from unlawful imprisonment.

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Self-Incrimination

A person cannot be forced to testify against themselves in a legal proceeding.

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Exemption from Duties

The ability to be excused from fulfilling a duty, but such exemption should not be arbitrary or frivolous. Exemptions are typically granted for negative duties only if the act is impossible or involves extreme hardship, while ordinary hardships do not exempt one from duty.

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Conflict of Duties

When two or more duties need to be fulfilled simultaneously, creating a dilemma. Priorities are assigned based on the nature and importance of the duties.

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Duties towards God vs. men

In a conflict of duties, those towards God are prioritized over those towards human beings.

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Public Good vs. Individual

Duties that benefit society or maintain public order are prioritized over those that solely benefit an individual.

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Family vs. Strangers

Duties towards family and relatives take precedence over duties towards strangers.

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Study Notes

Civil and Political Rights

  • Civil rights are enjoyed by individuals in personal activities and transactions with others.
  • These rights include life, privacy, property, education, and worship.
  • Civil rights are enjoyed by both citizens and non-citizens.
  • Political rights are enjoyed by citizens in government affairs.
  • These rights include running for public office, voting, and accessing public services and information.

The Bill of Rights

  • The Bill of Rights is a list of rights pertaining to individuals.
  • These rights are recognized, guaranteed, and protected against infringement.
  • The Bill of Rights is based on the belief in the intrinsic worth and dignity of human life, a concept taught by ethical teachers from Confucius to Christ and Kant.

The 1987 Philippine Constitution and the Bill of Rights

  • The 1987 Philippine Constitution includes a Bill of Rights.
  • Section 1: No person can be deprived of life, liberty, or property without due process of law, and all people are entitled to equal protection under the law.
  • Section 2: The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures is inviolable. Warrants must meet specific criteria.

Additional Sections of The Bill of Rights

  • Section 3: Privacy of communication and correspondence is inviolable, except under lawful court order or when public safety requires otherwise. Inadmissible evidence obtained improperly.
  • Section 4: Freedom of speech, expression, press, assembly, and the right to petition the government for redress of grievances are protected.
  • Section 5: Freedom of religion is guaranteed, with no religious tests for civil or political rights.
  • Section 6: The liberty of abode and of changing the same is protected, with limitation on right to travel.
  • Section 7: The right to information on matters of public concern is recognized.
  • Section 8: The right to form unions, associations, or societies is protected.
  • Section 9: Private property cannot be taken for public use without just compensation.
  • Section 10: The obligation of contracts cannot be impaired by law.
  • Section 11: Access to courts and quasi-judicial bodies is guaranteed, including legal assistance for those in poverty.
  • Section 12: Persons under investigation have the right to remain silent, have counsel, are protected from torture, and cannot have their rights waived without legal representation. Obtained evidence obtained from violations of this section will be inadmissible.
  • Section 13: The right to bail is guaranteed, except in certain serious cases. Excessive bail is prohibited.
  • Section 14: No person can be held to answer for a criminal offense without due process. The accused is presumed innocent until proven guilty.
  • Section 15: The privilege of the writ of habeas corpus is guaranteed, with limitations in cases of invasion or rebellion.
  • Section 16: All persons have the right to a speedy disposition of their case in judicial, quasi-judicial, or administrative bodies.
  • Section 17: No person can be compelled to be a witness against themselves.
  • Section 18: No one can be detained solely because of their political beliefs, and involuntary servitude is prohibited, except as punishment for a crime.
  • Section 19: Excessive fines, cruel, degrading, or inhuman punishment are prohibited, with additional limitations on the death penalty. Use of physical, psychological, or degrading treatment is prohibited.
  • Section 20: No person can be imprisoned for debt or non-payment of poll taxes.
  • Section 21: No person can be put in jeopardy of punishment twice for the same offense.
  • Section 22: No ex post facto laws or bills of attainder shall be enacted.

Duties

  • Duty is an objective obligation to act or refrain from acting.
  • Duty is a subjective moral obligation.
  • Violations of duty can result in accountability.

Types of Duties

  • Natural duties:
    • Care of health
    • Education
    • Worship of God
  • Positive duties:
    • Paying taxes
    • Observing traffic rules
    • Voting
  • Affirmative duties:
    • Loving parents
    • Paying debts
  • Negative duties:
    • Not killing another person
    • Not carrying a deadly weapon

Exemption From Duties

  • Exemption claims should not be arbitrary.
  • Negative natural duties generally have no exemptions.
  • Affirmative duties have possible exemptions when the duty is impossible or causes excessive hardship.
  • Ordinary hardships do not excuse fulfilling duties.

Conflict of Duties

  • Conflicts arise when several duties apply simultaneously.
  • Duties towards God take precedence over duties towards people.
  • Duties maintaining public order are more important than safeguarding individual rights.
  • Duties to family over strangers.
  • Higher precedence to higher laws.

Activity Questions

  • How are rights limited?
  • What do positive and negative duties entail?

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