Philippine Constitution 1987 Quiz

Podcast Beta

Play an AI-generated podcast conversation about this lesson

Questions and Answers

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?

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?

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?

Judgment must follow careful consideration of evidence. Signup and view all the answers

Which classification under due process involves the reasonableness of laws?

Substantive Due Process Signup and view all the answers

How must states conduct procedures in order to adhere to due process?

Procedures must be fair and not arbitrary. Signup and view all the answers

What does the equality clause primarily prohibit?

Unreasonable advantages for specific groups. Signup and view all the answers

What is the purpose of due process in legal proceedings?

To ensure individuals are heard before being judged. Signup and view all the answers

What year was the 1987 Philippine Constitution ratified?

1989 Signup and view all the answers

Which of the following is NOT one of the obligations of the state regarding human rights?

Obligation to Ensure Signup and view all the answers

Which body is responsible for law-making according to the 1987 Philippine Constitution?

The Legislative Department Signup and view all the answers

What is required for a law enforcement officer to seize items during a search?

A valid search warrant Signup and view all the answers

What distinguishes a search warrant from a warrant of arrest?

A search warrant is issued to search property, while a warrant of arrest is to arrest individuals. Signup and view all the answers

Which constitutional article outlines the Executive Department in the 1987 Philippine Constitution?

Article VII Signup and view all the answers

What does the term 'in flagrante delicto' refer to?

An arrest during the commission of a crime. Signup and view all the answers

What type of government was established by the 1987 Philippine Constitution?

Representative Democracy Signup and view all the answers

Which of the following must be included in a search warrant?

The specific location to be searched Signup and view all the answers

Which of these influences is noted as a basis for the 1987 Philippine Constitution?

Roman Law Signup and view all the answers

What was the precursor to the 1987 Philippine Constitution, which indicates its historical context?

Dictatorial Government Signup and view all the answers

What criterion must be demonstrated for probable cause according to the law?

Circumstantial evidence strong enough to support a reasonable belief of guilt Signup and view all the answers

What role does the President play in the context of the 1987 Philippine Constitution?

Implementing body Signup and view all the answers

What is meant by 'warrantless arrest'?

A legal arrest made without a warrant under specified conditions. Signup and view all the answers

Who is responsible for determining probable cause for an arrest?

A judge based on personal assessment of the case Signup and view all the answers

In the context of searches, what does 'reasonable suspicion' mean?

A belief supported by specific facts or circumstances suggesting criminal involvement. Signup and view all the answers

What does the Freedom of Speech guarantee?

The right to express ideas without prior restraint. Signup and view all the answers

Which of the following is a limitation of the Freedom of Speech?

Messages that incite violence or disorder. Signup and view all the answers

What does the Right to a Free Press allow an individual to do?

Circulate information without fear of censorship. Signup and view all the answers

What is the primary focus of the Freedom of Assembly?

Facilitating public gatherings for peaceful demonstrations. Signup and view all the answers

Which concept encompasses the right to keep communication private?

Right to Privacy. Signup and view all the answers

Under what circumstances can the right to travel be impaired?

In the interest of national security or public safety. Signup and view all the answers

What does the Right to Petition allow individuals to do?

Express grievances toward the government without fear of retaliation. Signup and view all the answers

What type of content is NOT protected under Freedom of Speech?

Seditious messages that incite rebellion. Signup and view all the answers

What is prohibited in relation to the treatment of accused individuals?

Detention in solitary confinement Signup and view all the answers

Which right ensures someone cannot be compelled to testify against themselves?

Right against self-incrimination Signup and view all the answers

What is true regarding the absence of an accused during trial proceedings?

The accused must be notified for the trial to continue Signup and view all the answers

How does the content address the issue of double jeopardy?

It prohibits being tried multiple times for the same offense Signup and view all the answers

What provisions exist for victims of torture or similar practices?

Criminal sanctions and rehabilitation are mandated Signup and view all the answers

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

Invasion or rebellion for public safety Signup and view all the answers

What right does ensure a timely resolution of legal cases?

Right to a speedy disposition of cases Signup and view all the answers

What does the law state about imprisonment for debts?

Imprisonment for debts is unlawful Signup and view all the answers

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.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

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.