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Questions and Answers
The state can limit the liberty of its citizens solely under the power of 'police power'.
False
A person's property can be seized without a search warrant under any circumstances.
False
Probable cause must be determined by the judge before a search warrant is issued.
True
Citizens have the power to perform a citizen's arrest without the need for a warrant.
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All searches and seizures are explicitly prohibited under the Constitution.
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The privacy of communication and correspondence can only be violated under lawful order of the court or for public safety as prescribed by law.
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The EDSA Revolution restricts the freedom of assembly and petitioning the government.
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Private property can be taken for public use without any compensation.
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Access to official records and documents pertaining to government actions is prohibited for citizens under any circumstances.
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The freedom to form unions and associations for lawful purposes is restricted under existing laws.
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Study Notes
Introduction
- The Philippine Constitution protects the rights of its citizens
- Citizens have liberties, but the state has the power to regulate them for the wellbeing of everyone
- The Bill of Rights protects citizens from abuses by the state or its agents
Section 1
- No one can be deprived of life, liberty, or property without due process of law
- The law must be applied fairly and equally to all citizens
Section 2
- People have the right to privacy in their homes, possessions, and personal information
- Police officers need a search warrant to examine private property
- The warrant must be issued by a judge based on probable cause
- Police officers need a warrant to arrest a person
- Citizens can also make an arrest, known as a "citizen’s arrest"
Section 3
- People have the right to privacy in their communications
- The government can monitor communications legally if ordered by a court or for public safety
- Evidence obtained illegally is inadmissible in any proceeding
- The Anti-Wiretapping Law (RA 4200) protects against illegal wiretapping
Section 4
- People have the right to free speech, expression, and press
- People can peacefully assemble and petition the government for change
Section 5
- People have the right to religious freedom
- The government cannot establish an official religion
- People can practice any religion without discrimination
Section 6
- People have the right to freedom of movement within the Philippines
- The government can restrict travel for national security, public safety, or public health reasons
Section 7
- People have the right to access public information and records
- The government must make information available to the public, subject to limitations by law
Section 8
- People have the right to form unions, associations, or societies
- These organizations cannot engage in illegal activities
Section 9
- The government can take private property for public use, but it must pay just compensation
- This is known as the "eminent domain" power
- The value of the property is determined by its size, location, and quality
Section 10
- The government cannot pass laws that interfere with existing contracts
Section 11
- People have the right to access courts and legal assistance
- The Public Attorney’s Office (PAO) provides legal services to those who cannot afford it
Section 12
- People have the right to remain silent and to have a lawyer during a criminal investigation
- They must be informed of these rights
- Confessions or admissions obtained illegally are inadmissible in court
- The law protects against torture and inhumane treatment
Section 13
- People can be released on bail before trial, except for serious crimes
- The right to bail cannot be taken away even when the writ of habeas corpus is suspended
- Bail can be in the form of cash, property, or a surety bond
Section 14
- People are presumed innocent until proven guilty
- The accused has the right to due process, legal representation, speedy trial, and to confront witnesses
- The accused also has the right to compel witnesses to attend and produce evidence in their defense
Section 15
- The right to habeas corpus, which protects against unlawful imprisonment, can be suspended in cases of invasion or rebellion
Section 16
- People have the right to a speedy resolution of their cases before all judicial, quasi-judicial, and administrative bodies
Section 17
- People have the right against self-incrimination, meaning they cannot be forced to testify against themselves
Section 18
- People cannot be detained solely because of their political beliefs
- There is no involuntary servitude in the Philippines except as punishment for a crime
Section 19
- Excessive fines and cruel, degrading, or inhuman punishment are prohibited
- The death penalty is prohibited, except for heinous crimes, as determined by Congress
- The death penalty was abolished in 2006 with the passage of Republic Act 9346
- The law prohibits physical, psychological, or degrading punishment of prisoners and the use of substandard or inadequate penal facilities
Section 20
- People cannot be imprisoned for debt or non-payment of a poll tax
- If a person cannot pay a fine, it may be converted into "subsidiary penalty" which can be paid as a form of community service
Section 21
- This section deals with the rights of the people to a balanced and healthful ecology
- The information provided does not include the particulars of this section
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Description
Explore the core principles of the Philippine Constitution, focusing on citizen rights and the state's regulatory powers. This quiz delves into the Bill of Rights, highlighting legal protections, privacy rights, and the due process of law. Test your understanding of how these rights apply within the framework of the law.
