Podcast
Questions and Answers
What is required before a government can deprive a citizen of life, liberty, or property?
What is required before a government can deprive a citizen of life, liberty, or property?
- A formal announcement in the media
- An arbitrary decision by the state
- A majority vote from the legislature
- Compliance with due process of law (correct)
What does substantive due process entail?
What does substantive due process entail?
- It ensures that laws are enforced without bias.
- It guarantees unrestricted access to legal representation.
- It dictates that the law must be reasonable and serve the public interest. (correct)
- It allows legislative bodies to bypass the judicial process.
Which statement reflects the principle of equal protection under the law?
Which statement reflects the principle of equal protection under the law?
- All individuals should be treated equally under similar circumstances. (correct)
- Different rules apply to individuals of varying educational backgrounds.
- Citizens with higher social status receive preferential treatment.
- Special privileges can be granted to certain classes based on need.
What does due process require in terms of judgment?
What does due process require in terms of judgment?
Which classification under due process involves the reasonableness of laws?
Which classification under due process involves the reasonableness of laws?
How must states conduct procedures in order to adhere to due process?
How must states conduct procedures in order to adhere to due process?
What does the equality clause primarily prohibit?
What does the equality clause primarily prohibit?
What is the purpose of due process in legal proceedings?
What is the purpose of due process in legal proceedings?
What year was the 1987 Philippine Constitution ratified?
What year was the 1987 Philippine Constitution ratified?
Which of the following is NOT one of the obligations of the state regarding human rights?
Which of the following is NOT one of the obligations of the state regarding human rights?
Which body is responsible for law-making according to the 1987 Philippine Constitution?
Which body is responsible for law-making according to the 1987 Philippine Constitution?
What is required for a law enforcement officer to seize items during a search?
What is required for a law enforcement officer to seize items during a search?
What distinguishes a search warrant from a warrant of arrest?
What distinguishes a search warrant from a warrant of arrest?
Which constitutional article outlines the Executive Department in the 1987 Philippine Constitution?
Which constitutional article outlines the Executive Department in the 1987 Philippine Constitution?
What does the term 'in flagrante delicto' refer to?
What does the term 'in flagrante delicto' refer to?
What type of government was established by the 1987 Philippine Constitution?
What type of government was established by the 1987 Philippine Constitution?
Which of the following must be included in a search warrant?
Which of the following must be included in a search warrant?
Which of these influences is noted as a basis for the 1987 Philippine Constitution?
Which of these influences is noted as a basis for the 1987 Philippine Constitution?
What was the precursor to the 1987 Philippine Constitution, which indicates its historical context?
What was the precursor to the 1987 Philippine Constitution, which indicates its historical context?
What criterion must be demonstrated for probable cause according to the law?
What criterion must be demonstrated for probable cause according to the law?
What role does the President play in the context of the 1987 Philippine Constitution?
What role does the President play in the context of the 1987 Philippine Constitution?
What is meant by 'warrantless arrest'?
What is meant by 'warrantless arrest'?
Who is responsible for determining probable cause for an arrest?
Who is responsible for determining probable cause for an arrest?
In the context of searches, what does 'reasonable suspicion' mean?
In the context of searches, what does 'reasonable suspicion' mean?
What does the Freedom of Speech guarantee?
What does the Freedom of Speech guarantee?
Which of the following is a limitation of the Freedom of Speech?
Which of the following is a limitation of the Freedom of Speech?
What does the Right to a Free Press allow an individual to do?
What does the Right to a Free Press allow an individual to do?
What is the primary focus of the Freedom of Assembly?
What is the primary focus of the Freedom of Assembly?
Which concept encompasses the right to keep communication private?
Which concept encompasses the right to keep communication private?
Under what circumstances can the right to travel be impaired?
Under what circumstances can the right to travel be impaired?
What does the Right to Petition allow individuals to do?
What does the Right to Petition allow individuals to do?
What type of content is NOT protected under Freedom of Speech?
What type of content is NOT protected under Freedom of Speech?
What is prohibited in relation to the treatment of accused individuals?
What is prohibited in relation to the treatment of accused individuals?
Which right ensures someone cannot be compelled to testify against themselves?
Which right ensures someone cannot be compelled to testify against themselves?
What is true regarding the absence of an accused during trial proceedings?
What is true regarding the absence of an accused during trial proceedings?
How does the content address the issue of double jeopardy?
How does the content address the issue of double jeopardy?
What provisions exist for victims of torture or similar practices?
What provisions exist for victims of torture or similar practices?
Under what circumstances can the privilege of the writ of habeas corpus be suspended?
Under what circumstances can the privilege of the writ of habeas corpus be suspended?
What right does ensure a timely resolution of legal cases?
What right does ensure a timely resolution of legal cases?
What does the law state about imprisonment for debts?
What does the law state about imprisonment for debts?
Flashcards
When was the 1987 Philippine Constitution ratified?
When was the 1987 Philippine Constitution ratified?
The date the 1987 Philippine Constitution was ratified through a plebiscite.
State obligation to 'Respect'
State obligation to 'Respect'
To abstain from violating individual rights.
State obligation to 'Protect'
State obligation to 'Protect'
Act to prevent others from violating human rights.
State obligation to 'Fulfill'
State obligation to 'Fulfill'
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Legislative Branch
Legislative Branch
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Executive Branch
Executive Branch
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Judicial Branch
Judicial Branch
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What is Due Process?
What is Due Process?
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Substantive Due Process
Substantive Due Process
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Procedural Due Process
Procedural Due Process
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Equal Protection Clause
Equal Protection Clause
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Right to Privacy of Communication
Right to Privacy of Communication
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Freedom of Speech
Freedom of Speech
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Freedom of the Press
Freedom of the Press
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Freedom of Assembly
Freedom of Assembly
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Freedom of Petition
Freedom of Petition
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Right to Bail
Right to Bail
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Rights of the Accused
Rights of the Accused
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Inadmissible Confession
Inadmissible Confession
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Freedom of Movement
Freedom of Movement
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Right to Information
Right to Information
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What is Habeas Corpus?
What is Habeas Corpus?
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Non-Imprisonment for Debts
Non-Imprisonment for Debts
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Right Against Double Jeopardy
Right Against Double Jeopardy
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Right Against Self-Incrimination
Right Against Self-Incrimination
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Philippine Constitution Transition:
Philippine Constitution Transition:
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Influences on Philippine Constitution
Influences on Philippine Constitution
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Meaning of Freedom of the Press
Meaning of Freedom of the Press
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Suspension of Privacy Rights
Suspension of Privacy Rights
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Speedy Trial Type
Speedy Trial Type
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Study Notes
The 1987 Philippine Constitution
- Ratified on February 2, 1987, through a plebiscite
- Enforced on February 11, 1987
- Patterned after the American Constitution, incorporating Roman, Spanish, and Anglo law.
- Represents a peaceful transition from a dictatorial government to a democratic one.
State Obligations to Human Rights
- Respect: The state and its agents must refrain from violating individuals' integrity or encroaching on their freedom.
- Protect: The state must act to prevent others from violating an individual's integrity, freedom of action, or human rights.
- Fulfill: The state is responsible for providing opportunities to meet basic human needs that cannot be met through individual efforts.
The 1987 Constitution & Branches of Government
- Established a representative democracy with power divided among three branches:
- Legislative: Creates, alters, and repeals laws through Congress (House of Representatives and Senate)
- Executive: Composed of the President and Vice President, carries out the laws made by the legislature.
- Judicial: Interprets laws and ensures that they are applied fairly.
Due Process Clause:
- Not a specific law, but a fundamental principle of justice.
- Applies whenever the state deprives someone of life, liberty, or property.
- Requires fair procedures before someone can be deprived of life, liberty, or property:
- The law must be appropriately applied to the case.
- The execution of the law must be reasonable and not arbitrary.
- Judgement must be rendered only after a trial.
Classifications of Due Process
- Substantive Due Process: Requires that the law itself be reasonable, in the public interest, and have sufficient means to achieve its purpose.
- Procedural Due Process: Refers to the procedures used to apply a law. It ensures that the procedures are fair and that the individual is given an opportunity to be heard.
Equal Protection Clause:
- Ensures that all people are treated the same under the law, regardless of status.
- Prohibits undue favoritism, special privileges, and hostile discrimination.
Right to Privacy of Communication and Correspondence
- Individuals have the right to keep their communications secret.
- This right can be suspended by court order if public safety is at risk.
Freedom of Speech and Expression
- Individuals have the right to speak and express themselves freely without prior restraint.
- This includes oral utterances and publications.
- Restrictions on freedom of speech:
- Severe calumny (slander)
- Lewd or obscene content
- Content that provokes violence or disorder
- Seditious messages
- Accusations without sufficient evidence
Freedom of the Press
- Individuals have the right to write, publish, and circulate information without restraint.
Freedom of Assembly
- Individuals have the right to peaceful demonstrations related to public affairs.
Freedom of Petition
- Individuals have the right to express grievances to the government without fear of persecution.
Right to Bail:
- Individuals have the right to be released on bail, except in cases of capital offenses.
Right of the Accused:
- The right to be informed of the nature of the accusations against them.
- The right to a speedy, impartial, and public trial.
- The right to face witnesses in court.
- The right to compel the attendance of witnesses and the production of evidence.
- Confession obtained through torture or coercion is inadmissible in court.
Freedom of Movement
- Individuals have the right to travel freely, except in cases of national security, public safety, or public health.
Right to Information
- Individuals have the right to information on matters of public concern.
- This includes access to official records, documents, and papers.
Habeas Corpus:
- Protects against unlawful detention.
- Can be suspended in cases of invasion or rebellion when public safety is at risk.
Non-Imprisonment for Debts:
- Individuals cannot be imprisoned for debt or failure to pay a poll tax.
Right Against Double Jeopardy:
- An individual cannot be tried twice for the same crime.
- This right safeguards against multiple prosecutions for the same offense.
Right Against Self-Incrimination (Right to Remain Silent)
- Individuals cannot be compelled to testify against themselves in court.
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Description
Test your knowledge on the 1987 Philippine Constitution. This quiz covers its ratification, the state's obligations to human rights, and the structure of government established by the Constitution. Explore the key concepts that shaped the transition to democracy in the Philippines.
