DUE PROCESS & WARRANT OF ARREST PDF 2024

DUE PROCESS & WARRANT OF ARREST 2024 Ma’am Sarenas — © Khels Taiño A2 ARTICLE III SEC. 2 POWERPOINT NOTES ​ the right to be secure i...

DUE PROCESS & WARRANT OF ARREST 2024 Ma’am Sarenas — © Khels Taiño A2 ARTICLE III SEC. 2 POWERPOINT NOTES ​ the right to be secure in one's person, house, papers, and effects is inviolable TOPIC OUTLINE A.​ Due Process of Law B PERIOD TO DECIDE CASES a.​ Article III Sec.14 b.​ Article III Sec.2 B.​ Period to Decide Cases ​ all cases or matters filed after the effectivity C.​ Warrant of Arrest of this Constitution must be resolved within a.​ Requisites for Warrant 24 months from submission for the SC D.​ Article III Sec. 11 ○​ 12 months for lower collegiate courts E.​ PAO ○​ 3 months for other lower courts F.​ Procedural & Substantive Due Process C WARRANT OF ARREST A DUE PROCESS OF LAW ​ police officers must secure a search/arrest warrant before arresting or searching a ​ law that hears before it condemns person, as without it, any evidence becomes ○​ which proceeds upon inquiry and inadmissible in court renders judgment only after trial. ​ a person who is accused should be heard first ​ Perjury – false statement A1 ARTICLE III SEC. 14 C1 REQUISITES FOR WARRANT > states that: 1.​ Probable cause is present ​ no person can be held accountable for a 2.​ Such presence is determined by a judge criminal offense without due process of law 3.​ The complainant and the witnesses are examined by the judge in writing and under ​ the accused is presumed innocent until oath or affirmation proven otherwise; 4.​ The witness/applicant testifies on facts ​ and has the right to: 5.​ A specific description of the person/place ○​ be heard by themselves and counsel ○​ be informed about the case against them D ARTICLE III SEC. 11 ○​ have a speedy, impartial, and public trial ​ states that poverty does not excuse the ○​ have a compulsory process for denial of free access to courts and legal witness attendance and evidence assistance production NOTES PAGE 1  DUE PROCESS & WARRANT OF ARREST 2024 Ma’am Sarenas — © Khels Taiño E PAO ​ provides free legal assistance to indigent individuals in criminal, civil, labor, administrative, and quasi-judicial cases F PROCEDURAL & SUBSTANTIVE DUE PROCESS Procedural Due Process ​ focuses on government actions ​ the “how” Substantive Due Process ​ examines the "what" of those actions, ensuring the government's legitimate reason for enacting laws restricting individual rights and their reasonableness and fairness ​ the right to due process prevents the government from arbitrarily infringing on an individual's rights without a formal procedure NOTES PAGE 2