POLGOV

BILL OF RIGHTS: Article 3

Bill of Rights

The declaration and enumeration of the individual rights and privileges and is designed to protect violations against individuals and a limitation upon power of the state

1. Natural Rights
2. Constitutional Rights
3. Statutory Rights

What are the 1987 constitution 3 classifications of Human Rights?

Natural Rights

This is the right to love and live.

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Human dignity

Constitutional Rights

These are the political rights, civil rights, social and economic rights, and rights of the accused.

Political Rights

This is the right to vote

Civil Rights

This is the right of a person to choose his/her desired religion

Social and Economic Rights

This is the right of a person to their salary(d ko sure)

Right of the Accused

This is the right of the convicted or suspect. They cannot be convicted to anything without proof.

Statutory Rights

This is the right to sell, rights against deceptive sales act, and the consumer rights.

Section 1

No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

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This section refers to the due process of law and equal protection clause

Due Process of Law

It meant that if a person is deprived of life it must be only under the authority of valid law.

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arbitrary

1. Procedural Due Process
2. Substantive Due Process

What are the 2 kinds of right?

Procedural Due Process

There will be a hearing, notice, and jurisdiction involved.

Substantive Due Process

This state must not exercise arbitrary power. The judgement is already given.

Equal Protection Clause

This the equal treatment to the same class people. In law, each person is dealt equally.

Section 2

This section is about the warrant of arrest

Judge

The one who issues an arrest warrant

Police Officer

The one who delivers the arrest warrant.

Section 3

This section is about the Data Privacy Act. The privacy of communication

1. Letters
2. Telephone
3. Messages

privacy communication covers

Section 4

No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.

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This section is about the freedom of expression or speech. Not an absolute right

1. Essential for the search of truth.
2. Essential for democracy to work.
3. Essential for the citizens to promote selfrealization and self-determination.

Freedom of expression is guaranteed in the constitution because of these 3

1. Freedom of assembly
2. Freedom of press
3. Freedom of Expression
4. Freedom of speech

What are the 4 most important right?

Libel

A public and malicious imputation of a crime, or of a vice or a defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. (Revised Penal Code)

Obscenity

"any work, taken as a whole, appeals to the prurient interest... (b) the work depicts or describes in a patently offensive way, sexual conduct…(c) whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value."

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Pruprient intends, patently offensive way, sexual conduct. (Whistle blower)

Prior Restraint

The actual and official governmental restrictions of the press and other forms of expression in advance actual prohibition or dissemination.

Section 5

No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

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This section is about the freedom of a person to choose their religion and vote

1. Non-Establishment Clause
2. Free Exercise Clause

What are the 2 clause of freedom of religion?

Section 6

The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

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This section is about the right of a person to travel except in the interest of national security, public safety, or public health, as may be provided by law.

Section 7

The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

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This section is about the right of the people to their informations.

Section 8

The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.

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This section is about the right of a person to join associations and unions, and their right to strike.

Section 9

Private property shall not be taken for public use without just compensation.

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This section talks about the right to eminent domain

Eminent Domain

the land is bought by the government and the usage should be for public use. there will be a compensation.

Section 10

No law impairing the obligation of contracts shall be passed.

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This section is about the impairment obligations of contracts.

Impairment of Contract

A law changes the terms of legal contract between parties either in time or mode of performance, or imposes new conditions, r dispenses with those expressed, or authorizes for its satisfaction something different from that provided in its terms.

SECTION 11

Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

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This sections is about the free access of the accused to the courts and quasi-judicial bodies.

PAO

it exists to provide the indigent litigants, the oppressed, marginalized and underprivileged members of the society free access to courts, judicial and quasi-judicial agencies, by rendering legal services

PAO

A government agency that is God-centered and dynamic bureaucracy that is responsive to the ever-growing legal needs of the indigents and oppressed led by highly competent, world-class, development-oriented, honest, dedicated and nationalistic leaders and lawyers.

PUBLIC ATTORNEY'S OFFICE

what is the meaning of PAO?

SECTION 12

This section is about the miranda doctrine/ rights of the accused.

MIRANDA DOCTRINE

This is the statement of that informs the accused of their rights.

1. Right to remain silent
2. Right to console
3. Rights to be informed of such rights

What is the main objective of the Miranda Doctrine? (Basta about sa MD yan)

1. SECRETION DETENTION PLACES
2. SOLITARY DETENTION
3. INCOMMUNICADO DETENTION PLACES

What are the 3 places for Detention

SECRETION DETENTION PLACES

a place where an individual is held that is not an officially recognized place of detention

SOLITARY DETENTION

a form of imprisonment in which the inmate lives in a single cell with little or no meaningful contact with other people

INCOMMUNICADO DETENTION PLACES

a situation of detention in which an individual cannot notify his/her detention to family members, an attorney, or an independent physician.

Self-Incrimination

the constitutional right of a person to refuse to answer questions or otherwise give testimony against himself or herself which will subject him or her to an incrimination.

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An act of accusing oneself to a crime for which a person can then be prosecuted.

ADMISSION

An act, declaration or omission of party as to a relevant fact.

CONFESSION

Declaration or an accused acknowledging his guilt of the offense charged, or of any offense necessarily included

SECTION 13

All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

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This section is about the right to bail

RIGHT TO BAIL

This is the right of the person to be presumed innocent.

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mode short of confinement which would, with reasonable certainty, insure the attendance of the accused.

1. the offense is punishable of Reclusion Perpetua.
2. the evidence of guilt is strong

Bail is not warranted if?

SECTION 14

This is a section about the right to be heard

PRIMA FACIE

denotes evidence that would prove a particular proposition

1. Right to console
2. Right of confrontation

Right to be heard

SECTION 15

The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it

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this section is about the order of the judge to summon the detainee to the court

WRIT

- a legal action

- requires a person under arrest to be brought before a judge or a court

- an order issued by a judge to a person detaining another to bring the detainee to court and to justify his detention.

Section 16

All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

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this is section is about the Right to Speedy Disposition of their Cases

Mandamus

is a judicial remedy - in the form of an order from a superior court, to any government subordinate court, corporation of public authority- to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing) - and which is in the nature of public duty, and in certain cases one of a statutory duty.

Section 17

No person shall be compelled to be a witness against himself.

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this is section is about the Right Against Self-Incrimination

1. Testimony
2. Private Books
3. Private Letters

A person can incriminate himself through?

Section 18

No person shall be detained solely by reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted

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this is section is about the Right to Political Beliefs and Aspirations.

Involuntary servitude

a punishment.

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forced labor. NSTP, ROTC, CWTS are not grounds for involuntary servitude, instead these are faculties of the state that the citizens that incurred of as duties and responsibilities.

Section 19

Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. • The employment of physical, psychological, or degrading punishment against any prisoner or detainee, or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

Section 20

No person should be imprisoned for debt or non-payment of a poll tax.

Section 21

No person shall be twice put in jeopardy of punishment of the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

ACQUITTAL

basta tinanogn sa section 21. kalako jeopardy

Section 22

No ex-post facto law or bill or attainder shall be enacted.

IMPAIREMENT OF CONTRACT

a law changes the terms of legal contract between parties