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LEA 5.

HUMAN RIGHTS EDUCATION

1. Abode is the place where a person dwells.


2. Abuse in the authority of search warrants illegally obtained refers to the
crime committed by a public officer or employee who has legally procured a
search warrant but he exceeds his authority or uses unnecessary severity in
executing the same.
3. Administrative due process provides that there must be the concurrence of
the following; (a)the right to be hearing which includes the right to present
one's case and evidence in support thereof; (b) the tribunal must consider the
evidence adduced; (c )the decision must have something to support itself; (d)
the evidence presented must be substantial; (e) the decision must be based
on evidence adduced, or at least contained in the records and disclosed to
the parties; (f) an independent tribunal or judged; and (g) the tribunal in all
controversial questions, render its decision in such a manner so that the
parties can know the various issues involved and the reason for the decision.
4. Admission refers to the indirect acknowledgment of guilt.
5. Affirmation is applicable if the person making his affidavit does not believe
in God.
6. Affirmative Action is one taken by a government or private institution to
make up for past discrimination in education or employment.
7. Akkadian is the language in which the decrees of Cyrus the Great on human
rights were inscribed and were printed on a baked-clay cylinder
(Humanrights.com).
8. Alibi refers to the defense of the accused wherein he was not in the place
where a specific crime was committed at the time of its commission.
9. April 1945 is the year when delegates from fifty countries met in San
Francisco full of optimism and hope. The goal of the United Nations
Conference on International Organization was to fashion an international
body to promote peace and prevent future wars (Humanrights.com).
10. Arbitrary Detention is the proper designation of a crime committed by a
public officer who delays in the delivery of arrested persons to the proper
judicial authority.
11. Arraignment is the stage of trial where the judge or clerk of court furnishes
the accused with a copy of a complaint or information, reading the same in
the language or dialect known to him, and asking him whether he's guilty or
not guilty.
12. Arrest is the taking of a person into custody in order that he may be bound
to answer for the commission of an offense.
13. Arrest of Escaped Prisoners is the nature of the arrest when the person to be
arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or temporarily confined while his case is
pending, or has escaped while being transferred from one confinement to
another (Tamayo, 2015).
14. Article 1 of the UDHR states the right to equality. All human beings are born
free and equal in dignity and rights. They are endowed with reason and
conscience and should act towards one another in a spirit of brotherhood
(Universal Declaration of Human Rights).
15. Article 10 of UDHR states the right to fair public hearing. Everyone is
entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of
any criminal charge against him (Universal Declaration of Human Rights).
16. Article 11 of UDHR states the right to be considered innocent until proven
guilty: (1) Everyone charged with a penal offense has the right to be
presumed innocent until proved guilty according to law in a public trial at
which he has had all the guarantees necessary for his defense. (2) No-one
shall be held guilty of any penal offense on account of any act or omission
which did not constitute a penal offense, under national or international law,
at the time when it was committed. Nor shall a heavier penalty be imposed
than the one that was applicable at the time the penal offense was committed
(Universal Declaration of Human Rights).
17. Article 12 of UDHR states the freedom from interference with privacy,
family, home and correspondence: No-one shall be subjected to arbitrary
interference with his privacy, family, home or correspondence, nor to attacks
upon his honor and reputation. Everyone has the right to the protection of
the law against such interference or attacks (Universal Declaration of Human
Rights).
18. Article 13 of UDHR states the right to free movement: (1) Everyone has the
right to freedom of movement and residence within the borders of each
state. (2) Everyone has the right to leave any country, including his own, and
to return to his country (Universal Declaration of Human Rights).
19. Article 14 of UDHR states the right to protection in another country: (1)
Everyone has the right to seek and to enjoy in other countries asylum from
persecution. (2) This right may not be invoked in the case of prosecutions
genuinely arising from non-political crimes or from acts contrary to the
purposes and principles of the United Nations (Universal Declaration of
Human Rights).
20. Article 15 of UDHR states the right to a nationality and the freedom to
change it: (1) Everyone has the right to a nationality. (2) No-one shall be
arbitrarily deprived of his nationality or be denied the right to change his
nationality (Universal Declaration of Human Rights).
21. Article 16 of UDHR states the right to marriage and family: (1) Men and
women of full age, without any limitation due to race, nationality or religion,
have the right to marry and to found a family. They are entitled to equal
rights as to marriage, during marriage and at its dissolution. (2) Marriage
shall be entered into only with the free and full consent of the intending
spouses. (3) The family is the natural and fundamental group unit of society
and is entitled to protection by society and the State (Universal Declaration
of Human Rights).
22. Article 17 of UDHR states the right to own property: (1) Everyone has the
right to own property alone as well as in association with others. (2) No-one
shall be arbitrarily deprived of his property (Universal Declaration of
Human Rights).
23. Article 18 of UDHR states the freedom of thought, conscience and religion.
Everyone has the right to freedom of thought, conscience and religion; this
right includes freedom to change his religion or belief, and freedom, either
alone or in community with others and in public or private, to manifest his
religion or belief in teaching, practice, worship and observance (Universal
Declaration of Human Rights).
24. Article 19 of UDHR states the freedom of opinion and information. Everyone
has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and
impart information and ideas through any media and regardless of frontiers
(Universal Declaration of Human Rights).
25. Article 2 of UDHR states the freedom from discrimination. Everyone is
entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, color, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political,
jurisdictional or international status of the country or territory to which a
person belongs, whether it be independent, trust, nonself-governing or
under any other limitation of sovereignty (Universal Declaration of Human
Rights).
26. Article 20 of UDHR states the right to peaceful assembly and association: (1)
Everyone has the right to freedom of peaceful assembly and association. (2)
No-one may be compelled to belong to an association (Universal Declaration
of Human Rights).
27. Article 21 of UDHR states the right to participate in government and
elections: (1) Everyone has the right to take part in the government of his
country, directly or through freely chosen representatives. (2) Everyone has
the right of equal access to public service in his country. (3) The will of the
people shall be the basis of the authority of government; this shall be
expressed in periodic and genuine elections which shall be by universal and
equal suffrage and shall be held by secret vote or by equivalent free voting
procedures (Universal Declaration of Human Rights).
28. Article 22 of UDHR states the right to social security. Everyone, as a member
of society, has the right to social security and is entitled to realization,
through national effort and international cooperation and in accordance with
the organization and resources of each State, of the economic, social and
cultural rights indispensable for his dignity and the free development of his
personality (Universal Declaration of Human Rights).
29. Article 23 of UDHR states the right to desirable work and to join trade
unions: (1) Everyone has the right to work, to free choice of employment, to
just and favorable conditions of work and to protection against
unemployment. (2) Everyone, without any discrimination, has the right to
equal pay for equal work. (3) Everyone who works has the right to just and
favorable remuneration ensuring for himself and his family an existence
worthy of human dignity, and supplemented, if necessary, by other means
of social protection. (4) Everyone has the right to form and to join trade
unions for the protection of his interests (Universal Declaration of Human
Rights).
30. Article 24 of UDHR states the right to rest and leisure. Everyone has the
right to rest and leisure, including reasonable limitation of working hours
and periodic holidays with pay (Universal Declaration of Human Rights).
31. Article 25 of UDHR states the right to adequate living standard: (1) Everyone
has the right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing and medical care
and necessary social services, and the right to security in the event of
unemployment, sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control. (2) Motherhood and
childhood are entitled to special care and assistance. All children, whether
born in or out of wedlock, shall enjoy the same social protection (Universal
Declaration of Human Rights).
32. Article 26 of the ICCPR established a Human Rights Committee of the
United Nations. Composed of eighteen human rights experts, the Committee
is responsible for ensuring that each signatory to the ICCPR complies with
its terms. The Committee examines reports submitted by countries every five
years (to ensure they are in compliance with the ICCPR), and issues findings
based on a country’s performance (Humanrights.com).
33. Article 26 of UDHR states the right to education: (1) Everyone has the right
to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical
and professional education shall be made generally available and higher
education shall be equally accessible to all on the basis of merit. (2)
Education shall be directed to the full development of the human personality
and to the strengthening of respect for human rights and fundamental
freedoms. It shall promote understanding, tolerance and friendship among
all nations, racial or religious groups, and shall further the activities of the
United Nations for the maintenance of peace. (3) Parents have a prior right to
choose the kind of education that shall be given to their children (Universal
Declaration of Human Rights).
34. Article 27 of UDHR states the right to participate in the cultural life of
community: (1) Everyone has the right freely to participate in the cultural life
of the community, to enjoy the arts and to share in scientific advancement
and its benefits. (2) Everyone has the right to the protection of the moral and
material interests resulting from any scientific, literary or artistic production
of which he is the author (Universal Declaration of Human Rights).
35. Article 28 of UDHR states the right to a social order. Everyone is entitled to
a social and international order in which the rights and freedoms set forth in
this Declaration can be fully realized (Universal Declaration of Human
Rights).
36. Article 29 of UDHR states the responsibilities to the community: (1)
Everyone has duties to the community in which alone the free and full
development of his personality is possible. (2) In the exercise of his rights
and freedoms, everyone shall be subject only to such limitations as are
determined by law solely for the purpose of securing due recognition and
respect for the rights and freedoms of others and of meeting the just
requirements of morality, public order and the general welfare in a
democratic society. (3) These rights and freedoms may in no case be
exercised contrary to the purposes and principles of the United Nations
(Universal Declaration of Human Rights).
37. Article 3 of UDHR states the right to life, liberty and personal security.
Everyone has the right to life, liberty and security of person (Universal
Declaration of Human Rights).
38. Article 30 of UDHR states the freedom from interference in these human
rights: Nothing in this Declaration may be interpreted as implying for any
State, group or person any right to engage in any activity or to perform any
act aimed at the destruction of any of the rights and freedoms set forth
herein (Universal Declaration of Human Rights).
39. Article 4 of UDHR states the freedom from slavery. No-one shall be held in
slavery or servitude; slavery and the slave trade shall be prohibited in all
their forms (Universal Declaration of Human Rights).
40. Article 5 of UDHR states the freedom from torture and degrading treatment.
No-one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment (Universal Declaration of Human Rights).
41. Article 6 of UDHR states the right to recognition as a person before the law.
Everyone has the right to recognition everywhere as a person before the law
(Universal Declaration of Human Rights).
42. Article 7 of UDHR states the right to equality before the law. All are equal
before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any
discrimination in violation of this Declaration and against any incitement to
such discrimination (Universal Declaration of Human Rights).
43. Article 8 of UDHR states the right to remedy by capable judges. Everyone
has the right to an effective remedy by the competent national tribunals for
acts violating the fundamental rights granted him by the constitution or by
law (Universal Declaration of Human Rights).
44. Article 9 of UDHR states the freedom from arbitrary arrest and exile. No-
one shall be subjected to arbitrary arrest, detention or exile (Universal
Declaration of Human Rights).
45. Article III, Section 1 of the 1987 Constitution states that 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. (Official Gazette,
2017)
46. Article III, Section 10 of the 1987 Constitution states that no law impairing
the obligation of contracts shall be passed (Official Gazette, 2017).
47. Article III, Section 11 of the 1987 Constitution states that free access to the
courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty (Official Gazette, 2017).
48. Article III, Section 12 of the 1987 Constitution states that (1) any person
under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot
afford the services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel. (2) No
torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited. (3) Any
confession or admission obtained in violation of this or Section 17 hereof
shall be inadmissible in evidence against him. (4) The law shall provide for
penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices,
and their families (Official Gazette, 2017).
49. Article III, Section 13 of the 1987 Constitution states that 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 be impaired even when the privilege of the writ of
habeas corpus is suspended. Excessive bail shall not be required (Official
Gazette, 2017).
50. Article III, Section 14 of the 1987 Constitution states that no person shall be
held to answer for a criminal offense without due process of law. (2) In all
criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusation against
him, to have a speedy, impartial, and public trial, to meet the witnesses face
to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is
unjustifiable (Official Gazette, 2017).
51. Article III, Section 15 of the 1987 Constitution states that 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 (Official Gazette, 2017).
52. Article III, Section 16 of the 1987 Constitution states that all persons shall
have the right to a speedy disposition of their cases before all judicial, quasi-
judicial, or administrative bodies (Official Gazette, 2017).
53. Article III, Section 17 of the 1987 Constitution states that no person shall be
compelled to be a witness against himself (Official Gazette, 2017).
54. Article III, Section 18 of the 1987 Constitution states that (1) 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 (Official Gazette,
2017).
55. Article III, Section 19 of the 1987 Constitution states that (1) 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. (2) 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 (Official
Gazette, 2017).
56. Article III, Section 2 of the 1987 Constitution states that the right of the
people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose
shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses
he may produce, and particularly describing the place to be searched and the
persons or things to be seized (Official Gazette, 2017).
57. Article III, Section 20 of the 1987 Constitution states that no person shall be
imprisoned for debt or non-payment of a poll tax (Official Gazette, 2017).
58. Article III, Section 21 of the 1987 Constitution states that no person shall be
twice put in jeopardy of punishment for 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 (Official
Gazette, 2017).
59. Article III, Section 22 of the 1987 Constitution states that no ex post facto
law or bill of attainder shall be enacted (Official Gazette, 2017).
60. Article III, Section 3 of the 1987 Constitution states that (1) The privacy of
communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise as
prescribed by law. (2) Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any purpose in any proceeding
(Official Gazette, 2017).
61. Article III, Section 4 of the 1987 Constitution states that 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 (Official Gazette, 2017).
62. Article III, Section 5 of the 1987 Constitution states that 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 (Official
Gazette, 2017).
63. Article III, Section 6 of the 1987 Constitution states that 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 (Official Gazette, 2017).
64. Article III, Section 7 of the 1987 Constitution states that 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 (Official Gazette, 2017).
65. Article III, Section 8 of the 1987 Constitution states that 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 (Official Gazette, 2017).
66. Article III, Section 9 of the 1987 Constitution states that private property
shall not be taken for public use without just compensation (Official Gazette,
2017).
67. Aspects of religious freedom as guaranteed by the constitution, religious
freedom has two aspects, namely: (a) the separation of church and state
secured in the first sentence of the provision; and (b) the freedom of religious
profession and worship, in the second sentence of the provision (De Leon &
De Leon Jr. 2014).
68. Association is the act of a number of persons uniting together for some
special purpose or business.
69. Authorized cause is one of the bases of terminating an employee because the
employee could be suffering from disease and whose continued employment
is prohibited by law or prejudicial to his health as well as to the health of his
co-employees.
70. Bad or Dangerous Tendency Rule is the rule that permits restrictions or
limitations and the person may be punished if the words uttered or printed
have the tendency to bring about the evil which the government has the
right to prevent (Bederio et. al., 2004).
71. Bail as a Matter of Discretion bail may be invoked as a matter of discretion
on the part of the court in the following instances: (a) After conviction by the
RTC of an offense not punishable by death, reclusion Perpetua or life
imprisonment; (b) Pending appeal subject to the consent of the bondsman;
and (c) After conviction, pending appeal when the court imposed a penalty
of imprisonment for more than six years but not more than twenty years,
and it is not shown that the accused repeated a crime, an escapee, committed
an offense while under the custody of the probational release, or had the
tendency of flight or to commit another offense (Tamayo, 2015).
72. Bail as a Matter of Right bail may be invoked as a matter of right if the
charge is not punishable by reclusion Perpetua and there is no final
judgment of conviction yet (Tamayo, 2015).
73. Bail is a security given for the release of a person in custody of law,
furnished by him or a bondsman, to guarantee his appearance before any
court as required under the conditions specified by law.
74. Balancing Test is used to determine which of the two conflicting two interest
demands a greater protection under the particular circumstances presented
(Bederio et. al., 2004).
75. Batas Pambansa Bilang 880 is an "Act ensuring the free exercise by the
people of their right peaceably to assemble and petition the government and
for other purposes."
76. Bill of Attainder is a legislative act that inflicts punishments without trial.
The elements are; (1) there must be a law. (2) The law imposes a penal
burden on named individual/easily ascertainable members of a group. (3)
The penal burden is imposed directly by the law w/o judicial trial (Ateneo
Central Bar Operations, 2001). The prohibition against bill of attainder is
an implementation of the principle of separation of powers. The legislature
cannot bypass the judiciary by enacting a law that punishes an act without
need of judicial proceedings. The legislative department should be confined
to its law-making function; it cannot encroach the authority of the courts by
prescribing a law that directly adjudges guilt without judicial determination
(Tamayo, 2015).
77. Bill of Rights embodies statements of individual rights and immunities to
protect persons or citizens from government excesses and oppression. To a
large extent, it is a declaration of fundamental principles and of the basic
rights of citizenship.
78. Capital Offense is defined as an offense which, under the law existing at the
time of its commission and of the application for the admission to bail, may
be punished with death.
79. Cash Deposit as bail, the accused or any person acting in his behalf may
deposit in cash with the nearest collector of Internal Revenue or Provincial,
City, or Municipal Treasurer the bail fixed by the court, or recommended by
the prosecutor who investigated or filed the case.
80. Church refers to the religious society founded and established by Jesus
Christ to receive, preserve, and propagate his doctrines and ordinances.
81. Citizen Arrest is a lawful warrantless arrest may be performed not just by a
peace officer but also by a civilian (Tamayo, 2015). 
82. Civil Rights are those rights which the law will enforce at the instance of
private individuals for the purpose of securing them their means of
happiness (De Leon & De Leon Jr., 2014).
83. Clear and convincing evidence refers to the evidence with a standard lower
than proof beyond reasonable doubt but more than preponderance of
evidence.
84. Clear and Present Danger Rule is the that permits restrictions if the utterance
or printed words are of such nature so as to create a clear and present danger
of the evils that the government has the right to prevent (Bederio et. al.,
2004).
85. Clear and Present Danger Test is a more libertarian rule, provides that the
finding out of substantive evil is not enough to suppress the right (Tamayo,
2015).
86. Codification is the process of formalizing law or rights into written
instruments.
87. Collective rights refer to the rights of groups to protect their interests and
identities; sometimes referred to as ‘third generation rights’.
88. Commercial Speech is one that proposes a commercial transaction done in
behalf of a company or individual for purposes of profit (Tamayo, 2015).
89. Communication is the act or system of transmitting information.
90. Compelling state interest test is used to determine if the interests of the State
are compelling enough to justify intrusion into an individual’s freedom of
religion (Tamayo, 2015).
91. Completion of contract refers to the termination of an employee under
probationary employment which shall not exceed six months from the date
the employee started working.
92. Confrontation is the act of setting a witness face to face with the accused so
that the latter may make any objection he has to the witness, and the witness
may identify the accused, and this must take place in the presence of the
court having jurisdiction to permit the privilege of cross-examination
93. Conscientious Objector is someone who sincerely claims the right to refuse
to perform military service and salute a flag on the grounds of freedom of
thought, conscience, and/or religion (Tamayo, 2015).
94. Consecrate refers to a dedication to a sacred purpose or service.
95. Consented Search is a circumstance where the right against unreasonable
search and seizure was voluntarily waived by the person being searched.
96. Constitutional Rights are those rights which are conferred and protected by
the Constitution. Since they are part of the fundamental law, they cannot be
modified or taken away by the law-making body. (De Leon, De Leon Jr.,
2014)
97. Convention on the Elimination of all Forms of Discrimination Against
Women (Women’s Convention, CEDAW) (Adopted 1979; entered into force
1981) is the first legally binding international document prohibiting
discrimination against women and obligating governments to take
affirmative action to advance the equality of women.
98. Convention on the Elimination of all Forms of Racial Discrimination (Race
Convention, CERD) (Adopted 1965; entered into force 1969) is the convention
defining and prohibiting discrimination based on race.
99. Convention on the Prevention and Punishment of the Crime of Genocide
(Genocide Convention, 1951) (Adopted 1948; entered into force 1951) is the
international convention defining and prohibiting genocide; the first
international treaty of the United Nations.
100. Convention on the Rights of Persons with Disabilities (CRPD) (Adopted
2006) is the first contention affirming the human rights of people with
disabilities of any kind, including physical and psycho-social.
101. Convention on the Rights of the Child (Children’s Convention, CRC)
(Adopted 1989; entered into force 1990) is the convention setting forth a full
spectrum of civil, cultural, economic, social, and political rights for children.
102. Convention refers to a binding agreement between states; used
synonymously with treaty and Covenant. A convention is stronger than a
declaration because it is legally binding for governments that have ratified it.
103. Corporate Surety is a bail bond wherein any domestic or foreign
corporation, licensed as a surety in accordance with law and currently
authorized to act as such, may provide a bail by a bond subscribe jointly by
the accused and an officer of the corporation duly authorized by its board of
directors.
104. Correspondence is the interchange of written communication.
105. Council of Europe founded in 1949, is the first European
intergovernmental organization. Today its 48 member states cover virtually
the entire continent of Europe. It seeks to develop common democratic and
legal principles based on the European Convention on Human Rights.
106. Counsel de officio refers to a counsel appointed or assigned by the court to
represent a party, usually an indigent defendant. Hence such counsel is free
of charge.
107. Counsel de parte refers to a counsel employed by a party to defend him in
court. Hence, such counsel is of charge.
108. Covenant refers to a binding agreement between states; used
synonymously with convention and treaty.
109. Crime is an act or omission punishable by law, forbidding or commanding
it.
110. Criminal due process provides that there must be the concurrence of the
following; (a) the accused has been heard in a court of competent
jurisdiction; (b) the accused is proceeded against under the orderly processes
of law; (c)the accused is given the notice and opportunity to be heard, and
(d) the judgment rendered is within the authority of constitutional law.
111. Custodial Investigation is any questioning initiated by law enforcement
officers after a person has been taken into custody or otherwise deprived of
his freedom of action in any significant way.
112. Customs Search refers to the search conducted by the personnel of the
Bureau of Customs to enforce customs law or to regulate exports and
imports.
113. Cyrus Cylinder is the ancient record made by Cyrus the Great which is
being recognized as the world’s first charter of human rights. It is translated
into all six official languages of the United Nations and its provisions
parallel the first four Articles of the Universal Declaration of Human Rights
(Humanrights.com).
114. Dangerous Tendency Test provides that if a speech is capable of producing
a substantive evil that the State is mandated to suppress or prevent, even if it
did not materialize, the State is justified of restricting the right (Tamayo,
2015).
115. De facto government refers to the government which actually exercises
power or control but without legal title.
116. Death Penalty is also known as Capital Punishment.
117. Debt as intended to be covered by the constitutional guarantee, means any
liability to pay money arising out of a contract, express or implied (De Leon
& De Leon Jr., 2014).
118. December 1994 is the year when the United Nations Decade proclaimed
Human Rights Education. The General Assembly defined human rights
education as "a life-long process by which people at all levels of
development and in all strata of society learn respect for the dignity of others
and the means and methods of ensuring that respect in all societies."
(University of Minnesota).
119. Declaration is a document stating agreed-upon principles and standards
but which is not legally binding. UN conferences, like the 1993 UN
Conference on Human Rights in Vienna and the 1995 World Conference for
Women in Beijing, usually produce two sets of declarations: one written by
government representatives and one by nongovernmental organizations
(NGOs). The UN General Assembly often issues influential but legally non-
binding declarations.
120. Declaration on the Rights of the Child adopted by the UN General
Assembly in 1959, is a non-binding instrument that sets forth ten general
principles, which later formed the basis for the Convention on the Rights of
the Child (CRC), which was adopted in 1989.
121. Deferential Review is a review in which laws are upheld to be valid or
consistent to the guarantee of equal protection when they are rational and
the classifications therein bear a relation to a legitimate governmental
interest or purpose (Tamayo, 2015).
122. Democracy refers to a government where the people are sharing in
directing the activities of a state.
123. Demurrer to evidence refers to the insufficiency of evidence.
124. Deprivation of Liberty is a violation where it is not necessary that a
person be detained or confine. Liberty need not be lost in its entirety. To the
extent that one is unduly prevented from acting the way he wishes to do,
there is a diminution of liberty. For example, a law that requires every parent
to send their children only to public school is unconstitutional as an
unreasonable restriction on the liberty of parents to direct the education of
their children under their control (De Leon & De Leon Jr., 2014).
125. Deprivation of Life refers not merely to the extinction of human existence.
It includes the loss of any of the various physical and mental attributes that
man must have to live as a human being (De Leon & De Leon Jr., 2014).
126. Deprivation of Property with reference to property, it is not necessary that
it be physically taken away from one entitled to it. There is also deprivation
when its value is destroyed or its adaptability to some particular use or its
capability for enjoyment is impaired (De Leon & De Leon Jr., 2014).
127. Deterrence is the notion that by administering punishment to offenders,
the state can cause fear in both the offenders and in others.
128. Direct Incitement Test determines what words are uttered and the likely
result of the utterance, that is, whether or not they will directly incite or
produce imminent lawless action (Tamayo, 2015).
129. Doctrine of Exclusion or Exclusionary Principle states that any evidence
obtained in violation of the privacy of communication and correspondence
or the right against unreasonable arrest or unreasonable search and seizure
shall be inadmissible for any purpose in any proceeding.
130. Doctrine of Fair Comment states that a discreditable imputation directed
against a public person in his public capacity does not necessarily make one
liable (Tamayo, 2015).
131. Doctrine of overbreadth states that a statute that is “overly broad” is void.
This is because it prevents a person from exercising his constitutional rights,
as it fails to give an adequate warning or boundary between what is
constitutionally permissive (Tamayo, 2015).
132. Doctrine of Void for Vagueness states that a statute or law that is vague is
void because it violates the rights to due process. A statute is vague when it
lacks comprehensible standards which men of ordinary intelligence must
necessarily know as to its common meaning but differ as to its application
(Tamayo, 2015).
133. Documents asserting individual rights the Magna Carta (1215), the
Petition of Right (1628), the US Constitution (1787), the French Declaration of
the Rights of Man and of the Citizen (1789), and the US Bill of Rights (1791)
are the written precursors to many of today’s human rights documents
(Humanrights.com).
134. Due Process of Law is that which hears before it condemns, which
proceeds to an inquiry, and renders judgment only after trial.
135. Ecclesiastical affair refers to the relationship between the church and its
members and relates to the matter of faith, religious doctrines, worship, and
governance of the congregation.
136. Eighteen (18) hours is the time given to a police officer to deliver a
detained person for some legal ground to the proper judicial authorities for
crimes punishable by correctional penalties.
137. Eleanor Roosevelt is President Franklin Roosevelt’s widow. She chaired
the Universal Declaration of Human Rights drafting committee.
138. Eminent Domain refers to the right or power of the Government to take
private property for public use for just compensation.
139. Enforced Labor happens when a person is unlawfully compelled to work
against his will; it is involuntary and to a certain extent resembles slavery
(Tamayo, 2015).
140. Entering into force is the process through which a treaty becomes fully
binding on the states that have ratified it. This happens when the minimum
number of ratifications called for by the treaty has been achieved.
141. Equal Access Clause refers to the free access to opportunities for public
office as guaranteed by Article II, Section 26 of the 1987 Constitution.
142. Equal Protection of the Laws signifies that all people subject to legislation
should be treated alike, under like circumstances and conditions both in the
privileges conferred and liabilities imposed. It is to prohibit hostile
discrimination or undue favor to anyone, or giving special privilege when it
is not reasonable or justified (Tamayo, 2015). (De Leon & De Leon Jr., 2014).
143. Equipoise Rule states that if the evidence in a criminal case is evenly
balanced, the constitutional presumption of innocence tilts the scale of justice
in favor of the accused and he should be acquitted from the crime charged.
144. Evolving capacity is a principle used in the Convention on the Rights of
the Child (CRC) that recommends greater exercise of a child’s rights in
relation to his or her growing cognitive and emotional maturity.
145. Ex parte application refers to the application done for, in behalf of, or on
the application of one party only.
146. Ex Parte means done for, in behalf of, or on the application of one party
only.
147. Ex post facto  law is one which: (a) Makes criminal an act done before the
passage of the law which was innocent when done, and punishes such an
act; (b) Aggravates a crime, or makes it greater than it was, when committed;
(c) Changes the punishment and inflicts a greater punishment than the law
annexed to the crime when committed; (d) Alters the legal rules of evidence,
and authorizes conviction upon less or different testimony than the law
required at the time of the commission of the offense; (e) Assuming to
regulate civil rights and remedies only, in effect imposes penalty or
deprivation of a right for something which when done was lawful; and (f)
Deprives a person accused of a crime of some lawful protection to which he
has become entitled, such as the protection of a former conviction or
acquittal, or a proclamation of amnesty (Tamayo, 2015).
148. Exception to the Rule on Privacy of Communication and Correspondence
(a) when the court allows the intrusion, and (b) when public safety and order
so demands (Tamayo, 2015).
149. Exceptions on Involuntary Servitude (a) as punishment for crime; (b) in
the case of personal, military or civil service in defense of the State; and (c) in
compliance to a return to work order issued by the Department of Labor and
Employment (Tamayo, 2015).
150. Exclusionary Rule states that any evidence unlawfully obtained is
inadmissible as evidence before the courts (Tamayo, 2015).
151. Executive Order No. 420 issued by President Gloria Macapagal-Arroyo on
13 April 2005 reads: Requiring all government agencies and government-
owned and controlled corporations to streamline and harmonize their
identification systems and authorizing for such purpose the director-general,
national economic and development authority to implement the same, and
for other purposes.
152. Executive Order No. 626 by Former President Ferdinand E. Marcos
authorized the outright confiscation of the Carabao or Carabeef being
transported across provincial boundaries (Ateneo Central Bar Operations,
2001).
153. Expropriation refers to the process of eminent domain.
154. Expulsion is committed by any public officer or employees who, not being
authorized by law, expel any person from the Philippine Island or compel
such person to change his residence.
155. Extra-Judicial Confession/Admission are those confessions made outside
the trial court. For an extrajudicial confession to be valid and admissible as
evidence in court, it must be: (a) voluntary; (b) made in the assistance of a
competent and independent counsel; (c) express; and (d) in writing (Tamayo,
2015).
156. Factors considered in setting the amount of bail 1) Ability to post bail
2) Nature of the offense 3) Penalty imposed by law 4) Character and
reputation of the accused 5) Health of the accused 6) Strength of the
evidence 7) Probability of appearing at the trial 8) Forfeiture of
previous bail bonds 9) Whether accused was a fugitive from justice when
arrested 10) If accused is under bond in other cases (Ateneo Central Bar
Operations, 2001).
157. Felony is act or omission punishable by the revised penal code, forbidding
of commanding it.
158. Fine is Excessive when it is unreasonable and beyond the limits prescribed
by law. The amount of the fine is said to be unreasonable if the court does
not take into consideration certain standards, such as the nature of the
offense, and the circumstances of the person punished by fine (Tamayo,
2015).
159. First Geneva Convention (1864) sixteen European countries and several
American states attended a conference in Geneva, at the invitation of the
Swiss Federal Council, on the initiative of the Geneva Committee. The
diplomatic conference was held for the purpose of adopting a convention for
the treatment of wounded soldiers in combat (Humanrights.com).
160. First-generation rights a term referring to all civil and political human
rights such as voting, expression, religion, assembly, fair trials, and life. The
International Covenant on Civil and Political Rights (ICCPR) principally
codifies these rights. Because the term suggests a hierarchy of civil and
political rights over second-generation rights or economic and social rights,
it is increasingly falling from use.
161. Forcible Abduction happens when the arrest is not authorized by the law
and with lewd design.
162. Formal education refers to the structured education system that runs from
primary school to university and includes specialized programs for technical
and professional training.
163. Free access to courts and quasi-judicial bodies states that adequate legal
assistance shall not be denied to any person by reason of poverty.
164. Free Exercise of Religion Clause withdraws from legislative power the
exertion of any restraint on the free exercise of religion. In order to show a
violation of this clause, the person affected must show the coercive effect of
the legislation as it operates against him in the practice of his religion. While
the freedom to believe (non-establishment) is absolute, the moment such
belief flows over into action, it becomes subject to government regulation
(Ateneo Central Bar Operations, 2001).
165. Freedom from Prior Restraint means freedom from censorship or
governmental screenings of what is politically, morally, socially, and
artistically correct (Tamayo, 2015).
166. Freedom from Subsequent Punishment refers to the assurance that citizens
can speak and air out their opinions without fear of vengeance by the
government (Tamayo, 2015).
167. Freedom of Expression is catch-all phraseology for it may include freedom
of speech, press, religion, association, and acts (Bederio et. al., 2004).
168. Freedom of Religion is the freedom to believe and to participate or
exercise one’s belief.
169. Freedom of the Press implies the opportunity to freely print whatsoever
one pleases and to be protected against any responsibility unless such print
is against the recognized rights of others (Bederio et. al., 2004).
170. Freedom to act in accordance with a belief refers to the aspect of religion
that is limited. Such an act is punishable if it violates a law.
171. Freedom to believe refers to the aspect of religion that is unlimited. Any
person may believe in anything that he wants and he is not punished for
such belief.
172. Gender is a social construct that informs roles, attitudes, values, and
relationships regarding women and men. While sex is determined by
biology, gender is determined by society, almost always functioning to
subordinate women to men.
173. General Deterrence refers to the kind of deterrence where the state causes
fear to other persons so that they will not commit crimes in the future.
174. General Warrants are those that do not particularly describe the place to
be searched or the persons or things to be seized. They are unconstitutional
because the sanctity of the domicile and privacy of communication and
correspondence of individuals are placed at the mercy, caprice, and passion
of peace officers (Tamayo, 2015).
175. Genocide refers to acts committed with intent to destroy, in whole or in
part, a national, ethnical, racial or religious group.
176. Government refers to the agency or the instrumentality through which the
will of the state is formulated, expressed, and realized.
177. Grave-but-Improbable Danger Tests were meant to supplant the clear and
present danger test, determines whether the gravity of the evil, less its
improbability to happen, can justify the suppression of the right in order to
avoid the danger (Tamayo, 2015).
178. Hot Pursuit is a nature of arrest wherein when an offense, has in fact just
been committed, and he has personal knowledge of facts indicating that the
person to be arrested has committed it (Tamayo, 2015).
179. Human is a member of the homo sapiens species, a man, a woman or
child, a person.
180. Human Rights Commission produced two major documents: The
International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR).
Both became international law in 1976 (Humanrights.com).
181. Human Rights Education declares a commitment to those human rights
expressed in the Universal Declaration of Human Rights of 1948, the UN
Covenants, and the United States Bill of Rights. It asserts the responsibility to
respect, protect, and promote the rights of all people. (University of
Minnesota)
182. Human Rights Framework is the evolving and interrelated body of
international instruments that define human rights and establish
mechanisms to promote and protect them.
183. Human Rights Instruments are any formal, written documents of a state
or states that sets forth rights as non-binding principles (a declaration) or
codifies rights that are legally binding on those states that ratify them (a
covenant, treaty, or convention).
184. Humanitarian Law is the body of law, mainly based on the Geneva
Conventions, that protects certain persons in times of armed conflict, helps
victims and limits the methods and means of combat in order to minimize
destruction, loss of life and unnecessary human suffering.
185. ICCPR International Covenant on Civil and Political Rights. This
covenant focuses on issues such as the right to life, freedom of speech,
religion, and voting.
186. ICESCR International Covenant on Economic, Social, and Cultural Rights.
This covenant focuses on food, education, health, and shelter. Both
covenants proclaim these rights for all people and forbid discrimination
(Humanrights.com).
187. Illegal Detention happens when the arresting person detains the arrested
person without legal ground if the detaining person is a private person.
188. Impartial Trial is certainly a basic requirement of due process in criminal
proceedings. Impartiality implies an absence of actual bias in the trial of
cases (De Leon & De Leon Jr., 2014).
189. Implicit limitations on the right to bail 1. The person claiming the right
must be in actual detention or custody of the law. 2. The constitutional right
is available only in criminal cases, not, e.g. in deportation proceedings
(Ateneo Central Bar Operations, 2001).
190. Importance of the Right to Freedom of Expression freedom of expression
is accorded the highest protection in the Bill of Rights since it is
indispensable to the preservation of liberty and democracy. Thus, religious,
political, academic, artistic, and commercial speeches are protected by the
constitutional guarantee (Tamayo, 2015).
191. Inalienable refers to rights that belong to every person and cannot be
taken from a person under any circumstances.
192. Incapacitation means taking away a person's freedom so he or she cannot
commit again another crime.
193. Indigent Person is a person who’s has no property or source of income
sufficient for their support aside from their own labor through self-
supporting when able to work and in employment.
194. Indivisible refers to the equal importance of each human rights law. A
person cannot be denied a human right on the grounds that it is ‘less
important’ or ‘non-essential’.
195. Inferior Domain refers to the delegated power of eminent domain by the
legislative to local government units and public utilities.
196. Inflagrante Delicto means caught in the act of committing a crime.
197. Informal Education pertains to the lifelong process whereby every
individual acquires attitudes, values, skills, and knowledge from the
educational influences and resources in his or her own environment and
from daily experience (e.g. with family and neighbors, in the marketplace
and library, from the mass media and play).
198. Information refers to the facts or opinions provided and received during
the course of daily life.
199. Interdependent refers to the complementary framework of human rights
law. For example, your ability to participate in your government is directly
affected by your right to express yourself, to get an education and even to
obtain the necessities of life.
200. Intergovernmental organizations (IGOs) are organizations sponsored by
several governments that seek to coordinate them efforts; some are regional
(e.g. the Council of Europe, the Organization of African Unity), some are
alliances (e.g. the North Atlantic Treaty Organization, NATO); and some are
dedicated to a specific c purpose (e.g. the World Health Organization [WHO]
and the United Nations Education, Scientific c and Cultural Organization
[UNESCO]).
201. Intermediate Review is a review in which the substantiality of the
governmental interest is closely scrutinized as well as the availability of less
restrictive means or alternatives (Tamayo, 2015).
202. International Covenant on Civil and Political Rights (ICCPR) is a
Covenant adopted by the United Nations General Assembly on 16 December
1966 and entered into force on 23 March 1976. By the end of 2001, the
Covenant had been ratified by 147 states. § The Covenant elaborates further
on the civil and political rights and freedoms listed in the Universal
Declaration of Human Rights. § Under Article 1 of the Covenant, the states
commit themselves to promote the right to self-determination and to respect
that right. It also recognizes the rights of peoples to freely own, trade and
dispose of their natural wealth and resources (Council of Europe, 2016).
203. International Covenant on Economic, Social and Cultural Rights
(ICESCR) (1966), together with the Universal Declaration of Human Rights
(1948) and the International Covenant on Civil and Political Rights (1966),
make up the International Bill of Human Rights. In accordance with the
Universal Declaration, the Covenants Òrecognize that “... the ideal of free
human beings enjoying civil and political freedom and freedom from fear
and want can be achieved only if conditions are created whereby everyone
may enjoy his civil and political rights, as well as his economic, social and
cultural rights.” (Council of Europe, 2016)
204. International Labor Organization (ILO) established in 1919 as part of the
Versailles Peace Treaty, the ILO became a specialized agency of the UN in
1946. Under its mandate to improve working conditions and promote social
justice, the ILO has passed a number of conventions pertaining to the human
rights of children, especially concerning child labor.
205. Involuntary Confessions include; (a) confession through coercion; and (b)
confession without being informed of the Miranda rights (Tamayo, 2015).
206. John Doe Warrant is a warrant issued for the apprehension of a person
whose true name is unknown.
207. Judge is the one who personally examine the complainant and the
witnesses, with searching questions, face to face for him to be satisfied with
the existence of probable cause which may be the basis of issuing a search
warrant.
208. Judicial Confession/Admission are those done in open court in the
presence of the judge.
209. Judicial review of the exercise of the power of eminent domain 1. To
determine the adequacy of the compensation 2. To determine the necessity of
taking 3. To determine the “public use” character of the taking. However, if
the expropriation is pursuant to a specific law passed by Congress, the
courts cannot question the public use character of the taking (Ateneo Central
Bar Operations, 2001).
210. Jus Sanguinis refers to a social policy by which citizenship is not
determined by place of birth, but by having a parent or parents who are
citizens of the nation. This is a Latin term which means "Right by blood."
211. Jus Soli refers to a policy by which a person acquires citizenship of a state
be being born in the territory of that state. This is a Latin term which means
"Right to soil."
212. Just cause is one of the bases of terminating an employee wherein a
serious misconduct or willful disobedience by the employee of the lawful
orders of the employer or representative in connection with his work.
213. Just Compensation is that which is fair both the owner and the public
when the property is taken for public use through eminent domain.
214. King John of England in 1215, after he violated a number of ancient laws
and customs by which England had been governed; his subjects forced him
to sign the Magna Carta, which enumerates what later came to be thought of
as human rights (Humanrights.com).
215. Lawful Means refers to the requirement of due process that the means
employed must be reasonably necessary for the accomplishment of the
purpose and not unduly oppressive to individuals. In short, the end does not
justify the means.
216. Lawful Subject refers to the requirement of due process considering the
interests of the public, not mere particular class.
217. Legal Assistance and Free Access to Courts Section 11, Article III of the
1987 Constitution provides that “free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be denied to any person by
reason of poverty.” (Tamayo, 2015)
218. Lemon Test is used to determine whether an act of the government
violates the non-establishment clause (Tamayo, 2015).
219. Lewd Design refers to the intention of the arresting person to have sexual
intercourse with the arrested person.
220. Libel which is the most common form of subsequent punishment refers to
a public and malicious imputation of a crime, vice or defect, real or
imaginary or any act or omission, status tending to cause dishonor, discredit
or contempt of a natural or juridical person, or blacken the memory of one
who is dead (Tamayo, 2015).
221. Liberty includes the right to exist, the right to be free from arbitrary
personal restraint and servitude, and the right to use all faculties in all lawful
means.
222. Liberty of Abode and Right to Travel Section 6, Article III of the 1987
Constitution provides that “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.” (Tamayo, 2015)
223. Licenses are franchises or privileges given by the State to qualified entities
that may be withdrawn or relinquished when national interests so require
(Tamayo, 2015).
224. Life includes the right of an individual to his body in its completeness,
free from dismemberment and extends to the use of God-given faculties
which make life enjoyable.
225. Limitations of The Liberty of Abode and Right to Travel are 1. Freedom
of movement is not an absolute right. It has limitations. Liberty of abode
may be impaired or restricted when there is a “lawful court order.” 2. The
right to travel may also be restricted in the interest of national security,
public safety, or public health, or when a person is on bail, or under a watch-
list and hold departure order (Tamayo, 2015).
226. Limitations of the Right to Freedom of Expression t must be exercised
within the bounds of law, morals, public policy and public order, and with
due regard for others’ rights. Thus, obscene, libelous, and slanderous
speeches are not protected by the guarantee. So are seditious and fighting
words that advocate imminent lawless conduct (Tamayo, 2015).
227. Lockout refers to the temporary refusal of an employee to furnish work.
228. Magna Carta (1215) the Magna Carta, or “Great Charter,” was arguably
the most significant early influence on the extensive historical process that
led to the rule of constitutional law today in the English-speaking world.
Widely viewed as one of the most important legal documents in the
development of modern democracy, the Magna Carta was a crucial turning
point in the struggle to establish freedom (Humanrights.com).
229. Mahinay Doctrine refers to the "Expanded Miranda Rights."
230. Mandatory Hearing when the offense charged is punishable by Reclusion
Perpetua, before rendering a judgment, due process demands that the court
must conduct a mandatory hearing to determine if evidence of guilt is
strong.  (Tamayo, 2015)
231. Maximum Tolerance refers to the highest degree of restraint by the police,
military, and other peacekeeping authorities shall observe during public
assembly or in the dispersal of the same.
232. Military Court is a court having its own unique set of procedures
consistent with the nature and purpose of the military. Because of its distinct
features, a military court cannot try and exercise jurisdiction, even during
martial law, over civilians for offenses allegedly committed by them as long
as civilian courts are still open and functioning (Tamayo, 2015).
233. Miranda Rights otherwise known as constitutional rights of a person
under investigation for the commission of an offense. The word Miranda
came from the name of Ernesto Miranda who was accused in a prominent
case entitled Miranda vs. Arizona, 384 U.S. 436. The provision emphasizes
the duty of law enforcement officers to treat properly and humanely those
under investigation. It recognizes the fact that the environment in custodial
investigations is psychological if not physically coercive in nature so that law
enforcers should be reminded of the sanctity of individual rights and the
limitations on their means of solving crimes (Tamayo, 2015).
234. Modification of Permit refers to the change of the place and time of the
public assembly, re-routing of the parade or street march, the volume of
loudspeakers or sound system and similar changes.
235. Natural Rights are rights possessed by every citizen without being
granted by the state.
236. Negative Defense refers to the defense of the accused wherein he denies
the material allegations in the complaint or information.
237. Non-establishment of Religion Clause does not depend upon any
showing of direct governmental compulsion. It is violated by the enactment
of laws which establish an official religion whether those laws operate
directly to coerce non-observing individuals or not. The test of compliance
with the non-establishment clause can be stated as follows: What are the
purposes and primary effect of the enactment? If either is the advancement
or inhibition of religion, the law violates the non-establishment clause. Thus,
in order for a law to comply with the non-establishment clause, two
requisites must be met. First, it has a secular legislative purpose. Second, its
primary effect neither advances nor inhibits religion (Ateneo Central Bar
Operations, 2001).
238. Non-formal Education refers to any planned program of personal and
social education outside the formal education curriculum that is designed to
improve a range of knowledge, skills, and competencies.
239. Non-governmental Organizations (NGOs) are organizations formed by
people outside of the government. NGOs monitor the proceedings of human
rights bodies such as the Human Rights Council of the United Nations and
are the ‘watchdogs’ of the human rights that fall within their mandate.
240. Non-Impairment of Contracts Section 10, Article III of the 1987
Constitution provides that “no law impairing the obligation of contracts
shall be passed.” This is the so-called contract clause, which seeks to restrain
substantial legislative impairment of, or intrusion into, the obligations of
contracts (Tamayo, 2015).
241. Notice is an essential element of procedural due process, most especially
in judicial proceedings, because without notice the court will not acquire
jurisdiction and its judgment will not bind the defendant (Tamayo, 2015).
242. O’Brien Test provides that when “speech” and “non-speech” elements are
combined in the same course of conduct, a sufficiently important
government interest that warrants the regulation of the “non-speech”
element can also justify incidental limitations on the speech element
(Tamayo, 2015).
243. Oath is applicable if the person making his affidavit believes in God.
244. Obligation of Contract is the law or duty which binds the parties to
perform their agreement according to its terms or intent, if it (agreement) is
not contrary to law, morals, good customs, public order, or public policy (De
Leon & De Leon Jr. 2014).
245. Obscenity includes works (taken as a whole) appealing to a prurient
interest or depicting sexual conduct as defined by law or lacking serious
literary, artistic, political or scientific value (Tamayo, 2015).
246. October 22, 1985, is the date of approval of Batas Pambansa Bilang 880.
247. October 24, 1945, is the date that is celebrated each year as United Nations
Day. The Charter of the new United Nations organization took effect on this
date as well. In the aftermath of World War II, the United Nations came into
being as an intergovernmental organization, with the purpose of saving
future generations from the devastation of international conflict. The Charter
of the United Nations established six principal bodies, including the General
Assembly, the Security Council, the International Court of Justice, and in
relation to human rights, and Economic and Social Council (ECOSOC).
(Humanrights.com)
248. Offense is an act or omission punishable by special laws, forbidding or
commanding it.
249. One Hundred Eighty (180) days is the time limit for the trial of criminal
cases. Trial days shall not exceed beyond what is written in the law.
However, this rule is not absolute, for the law provides for the following
exceptions: (a) those governed by the rules on summary procedure; or (b)
where the penalty prescribed by the law does not exceed 6 months’
imprisonment or a fine of P1,000 or both; (c) those authorized by the Chief
Justice of the Supreme Court
250. Opportunity to be Heard -it must be emphasized that what is required is
not “actual” hearing but a real “opportunity” to be heard (Tamayo, 2015).
251. Optional Protocol on the Involvement of Children in Armed Conflict 2000
is an amendment to the Convention on the Rights of the Child (CRC) that
rose the minimum age for participation in armed conflict from the original
fifteen to eighteen years.
252. Optional Protocol is a treaty that modifies another treaty (e.g. adding
additional procedures or provisions). It is called ‘optional’ because a
government that has ratified the original treaty can choose whether or not to
ratify the changes made in the protocol.
253. Pancuronium Bromide refers to a drug that paralyzes the muscles, which
is being used in executing a convict by means of lethal injection.
254. Parole is the suspension of a sentence of a convict after the service of the
minimum sentence.
255. Patria Potestas is a Roman phrase that denotes the aggregate of those
peculiar powers and rights which belong to the power of the head of the
family with respect to his wife, children, and other relatives who sprang
from him through males only.
256. Patria Potestas refers to the sum of rights lawfully exercised by a parent
over the person and property of their unemancipated children. This literally
means "Parental Authority."
257. Peonage is the voluntary submission of a person to the will of another
because of his debt (De Leon & De Leon Jr., 2014).
258. Period for arraignment of the accused is within 30 days from the filing of
the information, or from the date the accused appeared before the
justice/judge/court in which the charge is pending, whichever date last
occurs
259. Perjury is a crime committed by any person who, knowingly makes
untruthful statements and not being included under any other kinds of false
testimony, shall testify under oath, or make an affidavit, upon any material
matter before a competent person authorized to administer an oath in case
which the law so requires.
260. Permanent Residence is a person’s place of abode or domicile (Tamayo,
2015).
261. Permissible Interference is the right to privacy of communication and
correspondence or simply, the right to private communication is not violated
(De Leon & De Leon Jr., 2014).
262. Person according to Article III, Section 1 of the 1987 Constitution, the term
"person" embraces all persons within the territorial jurisdiction of the
Philippines, without regard to any difference of race, color, or nationality,
including aliens (De Leon & De Leon Jr., 2014).
263. Personal Properties are those properties that can be transferred from one
place to another.
264. Plain View Doctrine justifies a search without warrant where the police
officer is not searching for evidence against the accused, but inadvertently
comes across an incriminating object.
265. Police Power is the power of promoting pubic welfare by restraining the
regulating the use of property and liberty.
266. Political Rights are such rights of the citizen which give them the power
to participate, directly or indirectly, in the establishment or administration of
the government (De Leon & De Leon Jr., 2014).
267. Poll Tax or personal or capitation tax is a tax of a fixed amount upon all
persons, or upon all persons of a certain class, resident within a specified
territory, without regard to their property or the occupations in which they
are engaged.
268. Posse comitatus is a Latin term which means the power of force of a
country. It is the power of the state to force a person to serve its own
country.
269. Potassium Chloride refers to a drug that stops the heart within seconds.
This is used in executing a convict by means of lethal injection.
270. Power of Eminent Domain is otherwise known as the power of
expropriation. This is the power of acquiring private property for public
purposes upon payment of just compensation.
271. Power of Taxation is the power of raising the revenue to defray the
necessary expenses of the government.
272. Preliminary Inquiry assists the judge to make the determination of
probable cause.
273. Prescription is defined as the loss of the right of the state or the people to
prosecute the crime or demand the service of penalty imposed after the lapse
of a certain time.
274. Presidential Decree No. 1564 also known as the Solicitation Law provides
that permit is required before solicitations for “charitable and public welfare
purposes” may be carried out (Tamayo, 2015).
275. Presumption of innocence it is the constitutional basis of the right to bail of
the accused. Presumption of innocence is overcome by proof beyond
reasonable doubt. Under the rules of evidence, proof beyond reasonable
doubt is the highest quantum of evidence. (Batas Natin Philippine Law
Library)
276. Prima Facie Evidence means evidence deemed sufficient unless
contradicted (Tamayo, 2015).
277. Principal exceptions to the right of confrontation 1. The admissibility of
“dying declarations” 2. Trial in absentia under Section 14(2) 3. With respect
to child testimony (Ateneo Central Bar Operations, 2001).
278. Prior Restraint is any scheme that gives the government or public officials
the power to deny a person of his right of expression.
279. Private Corporations are persons within the scope of the guarantee in so
far as their property is concerned. But not municipal corporations as they are
mere creatures of the state (De Leon & De Leon Jr., 2014).
280. Private Speech is accorded more freedom and protection than commercial
speech (Tamayo, 2015).
281. Privilege of the writ is the further order from the court to release an
individual if it finds his detention without legal cause or authority (De Leon
& De Leon Jr., 2014).
282. Probable Cause is a command to arrest a person for him to be bound to
answer for the commission of an offense (De Leon & De Leon Jr., 2014).
283. Procedural Due Process requires the procedure of the hearing before it
condemns. The procedural requirement of the due process relates chiefly to
the mode of procedure which government agencies must follow in the
enforcement and application of laws. The requirements of procedural due
process are; (a) An impartial or objective court or tribunal with jurisdiction
over the subject matter; (b) Court with jurisdiction over the person of the
defendant or the property which is the subject of the proceeding; (c)
Defendant given the opportunity to be heard (requirement on notice and
hearing); and (d) Judgment rendered after lawful hearing (Tamayo, 2015).
284. Procedure for seizure of allegedly obscene publications 1. Authorities
must apply for issuance of search warrant. 2. Court must be convinced that
the materials are obscene. Apply a clear and present danger test. 3. Judge
will determine whether they are in fact “obscene”. 4. The judge will issue a
search warrant. 5. Proper action should be filed under Art. 201 of the RPC. 6.
Conviction is subject to appeal (Ateneo Central Bar Operations, 2001).
285. Proper Treatment of Persons Legally Detained or Imprisoned Section
19(2), Article III of the 1987 Constitution provides that “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.” (Tamayo, 2015)
286. Property Bond is an undertaking constituted as lien on the real property
given as security for the amount of the bail.
287. Property includes anything that can come under the rights of ownership
and be subject to contract.
288. Provisions of International Covenant on Economic, Social and Cultural
Rights (ICESCR) Article 1 All peoples have the right of self-determination,
including the right to determine their political status and freely pursue their
economic, social and cultural development. Article 2 Each State Party
undertakes to take steps to the maximum of its available resources to achieve
progressively the full realization of the rights in this treaty. Everyone is
entitled to the same rights without discrimination of any kind. Article 3 The
States undertake to ensure the equal right of men and women to the
enjoyment of all rights in this treaty. Article 4 Limitations may be placed on
these rights only if compatible with the nature of these rights and solely for
the purpose of promoting the general welfare in a democratic society. Article
5 No person, group or government has the right to destroy any of these
rights. Article 6 Everyone has the right to work, including the right to gain
one's living at work that is freely chosen and accepted. Article 7 Everyone
has the right to just conditions of work; fair wages ensuring a decent living
for himself and his family; equal pay for equal work; safe and healthy
working conditions; equal opportunity for everyone to be promoted; rest
and leisure. Article 8 Everyone has the right to form and join trade unions,
the right to strike. International Covenant on Economic, Social and Cultural
Rights (ICESCR) (Unofficial summary) Cultural Rights (1966), together with
the Universal Declaration of Human Rights (1948) and the International
Covenant on Civil and Political Rights (1966), make up the International Bill
of Human Rights. In accordance with the Universal Declaration, the
Covenants Recognize that “... the ideal of free human beings enjoying civil
and political freedom and freedom from fear and want can be achieved only
if conditions are created whereby everyone may enjoy his civil and political
rights, as well as his economic, social and cultural rights.” Article 9 Everyone
has the right to social security, including social insurance. Article 10
Protection and assistance should be accorded to the family. Marriage must
be entered into with the free consent of both spouses. Special protection
should be provided to mothers. Special measures should be taken on behalf
of children, without discrimination. Children and youth should be protected
from economic exploitation. Their employment in dangerous or harmful
work should be prohibited. There should be age limits below which child
labor should be prohibited. Article 11 Everyone has the right to an adequate
standard of living for himself and his family, including adequate food,
clothing, and housing. Everyone has the right to be free from hunger. Article
12 Everyone has the right to the enjoyment of the highest attainable standard
of physical and mental health. Article 13 Everyone has the right to education.
Primary education should be compulsory and free to all. Article 14 Those
States where compulsory, free primary education is not available to all
should work out a plan to provide such education. Article 15 Everyone has
the right to take part in cultural life; enjoy the benefits of scientific progress.
(Council of Europe, 2016)
289. Public Assembly refers to any rally, demonstration, march, parade,
procession or any other form of mass concerted action held in a public place
for the purpose of presenting a lawful cause.
290. Public Figure is defined as a person who, by his accomplishments, fame,
and mode of living or by adopting a profession or calling which gives the
public a legitimate interest in his doings, his affairs, and his character.
291. Public Place refers to any highway, boulevard, avenue, road, street,
bridge, or other thoroughfare, park, plaza, square, or any open space of
public ownership where the people are allowed access.
292. Public Trial is the requirement that the trial be public. However, it does
mean that every person who sees fit shall in all cases be permitted to attend
criminal trials. A public trial is not of necessity one to which the whole
public is admitted, but it is one so far open to all, as that of the accused's
friends and relatives and others who may be inclined to watch the
proceedings in order to see if justice is intelligently and impartially
administered, so that they may have an opportunity to do so (De Leon & De
Leon Jr., 2014).
293. Punishment is Cruel when it is shocking to the conscience of mankind and
it involves prolonged suffering and agony to the person punished (Tamayo,
2015).
294. R.A. 4200 or the Anti-Wire Tapping Act is a law which prohibits a person
not authorized by all the parties to any private communication, to wiretap or
use any device to secretly overhear, intercept, record, or communicate the
content of the said communication to any person (Tamayo, 2015).
295. Ratification is the process by which the legislative body of a state
confirms a government’s action in signing a treaty; formal procedure by
which a state becomes bound to a treaty after acceptance.
296. Real Properties are those properties which cannot be transferred from one
place to another.
297. Recognizance refers to the release of the defendant on the custody of a
responsible member of the community who shall guarantee his appearance
whenever required by the court.
298. Recognized Restrictions on the Right of the People to Information 1.
National security matters 2. Intelligence information 3. Trade secrets 4.
Banking transactions 5. Diplomatic correspondence 6. Executive sessions 7.
Closed-door cabinet meetings 8. Supreme Court deliberations (Ateneo
Central Bar Operations, 2001).
299. Religion refers to man's relation to divinity, reverence, worship, obedience
and submission to mandates and precepts of supernatural or super-being.
300. Religious test is one demanding the avowal or repudiation of certain
religious beliefs before the performance of any act (De Leon & De Leon Jr.,
2014).
301. Republic Act 1405 otherwise known as "Secrecy Bank Deposit" mandates
that it is unlawful to reveal to others the contents of a bank deposit of a
person.
302. Republic Act 7438 is the act defining certain rights of persons arrested,
detained, or custodial investigation as well as the duties of the arresting,
detaining and investigating officers, and providing penalties thereof.
303. Republic Act No. 8493 is the Speedy Trial Act of 1998
304. Republic Act No. 9372 is the Human Security Act of 2007. It created the
crime known as terrorism and declared it to be a crime against the Filipino
people, against humanity, and against the law of the nations.
305. Requisites for Government Aid to Religious Group Be Allowable are; 1. It
must have a secular legislative purpose; 2. It must have a primary effect that
neither advances nor inhibits religion; 3. It must not require excessive
entanglement with recipient institutions (Ateneo Central Bar Operations,
2001).
306. Requisites of a valid search warrant are; it must be issued upon probable
cause, the probable cause must be determined personally by the judge
himself, such determination of the existence of probable cause must be made
after examination by the judge of the complainant and the witnesses he may
produce and the warrant must particularly describe the place to be searched,
and the persons or things to be seized (De Leon & De Leon Jr. 2014).
307. Requisites of a valid waiver of Right are; (a) the right exists, (b) the
person had actual or constructive knowledge of the existence of such right
and (c) there is an actual intention to relinquish such right (Ateneo Central
Bar Operations, 2001).
308. Requisites of a Valid Warrant. (a) It must be based upon a probable cause;
(b) the probable cause must be determined personally by the judge; (c) the
determination must be made after examination under oath or affirmation of
the complainant and the witness he may produce, and (d) it must
particularly describe the place to be searched and the persons or things to be
seized. The property subject to search includes those used in the commission
of the offense, stolen or embezzled and other proceeds or fruits of the
offense, or used or intended to be used in the commission of the offense
(Tamayo, 2015).
309. Requisites of Due Process are (a) a court or tribunal clothed with judicial
power to hear and determine the matter before it; (b) jurisdiction must be
lawfully acquired over the person of the defendant or over the property
which is the subject of the proceedings; (c) the defendant must be given
notice and an opportunity to be heard; and (d) judgment must be rendered
upon a lawful hearing (Ateneo Central Bar Operations, 2001).
310. Requisites of Substantive Due Process are; (a) the interests of the public
generally, as distinguished from those of a particular class, require the
interference by the government and (b) the means employed are necessary
for the accomplishment of the purpose and not unduly oppressive upon
individuals (Ateneo Central Bar Operations, 2001).
311. Requisites of Double Jeopardy are; (a) a valid complaint or information;
(b) filed before a competent court; (c) to which the defendant has pleaded,
and (d) the defendant was previously acquitted or convicted or the case
dismissed or otherwise terminated without his express consent (Tamayo,
2015).
312. Reservation is the exception that States Parties make to a treaty (e.g.
provisions that they do not agree to follow). Reservations, however, may not
undermine the fundamental meaning of the treaty.
313. Residual Power is the power of the President to balance the general
welfare and the common good against the exercise of rights to certain
individuals.
314. Restrictions on Freedom of Speech mean that the State may impose two
kinds of restrictions on speech under a system of prior restraint: content-
based restriction and content-neutral restriction. The restriction is content-
based when restriction is directed to the speech itself, while the restriction is
content-neutral when it is directed, not to the speech itself, but to the
incidents (such as time, place, or manner) of the speech (Tamayo, 2015).
315. Right Against Double Jeopardy Section 21, Article III of the 1987
Constitution states that “no person shall be twice put in jeopardy of
punishment for 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.” To substantiate therefore the claim for
double jeopardy, the following must be proven: (a) A first jeopardy must
have attached prior to the first jeopardy; (b) The first jeopardy must have
been validly terminated; and (c) The second jeopardy must be for the same
offense, or the second offense includes or is necessarily included in the
offense charged in the first information, or is an attempt to commit the same
or is a frustration thereof (Tamayo, 2015).
316. Right Against Ex Post Facto Law and Bill of Attainder Section 22, Article
III of the 1987 Constitution provides that “no ex post facto law or bill of
attainder shall be enacted.” (Tamayo, 2015)
317. Right Against Excessive Fines and Cruel Punishments Section 19(1),
Article III of the 1987 Constitution states that “excessive fines shall not be
imposed, nor cruel, degrading or inhuman punishment inflicted (Tamayo,
2015).
318. Right Against Impairment of the Obligation of Contracts This refers to
the right which provides that no law impairing the obligation of contracts
shall be passed.
319. Right Against Imprisonment for Debt Section 20, Article III of the 1987
Constitution provides that “no person shall be imprisoned for debt or non-
payment of a poll tax.” (Tamayo, 2015)
320. Right Against Involuntary Servitude Section 18, Article III of the 1987
Constitution provides that no person should be detained solely by reason of
his political beliefs and aspirations, nor should involuntary servitude in any
form exist, except as a punishment for a crime (Tamayo, 2015).
321. Right Against Self-Incrimination Section 17, Article III of the 1987
Constitution provides that “no person shall be compelled to be a witness
against himself.” This constitutional guarantee is better known as right
against self-incrimination. The right allows a person not to answer an
incriminating question. An incriminating question is one that if answered
renders a person liable for an offense (Tamayo, 2015).
322. Right Against Unreasonable Arrest states that every arrest done must be
by virtue of a warrant of arrest. There are, however, instances of warrantless
arrest.
323. Right Against Unreasonable Searches and Seizures Section 2, Article III of
the 1987 Constitution states that people have the inviolable right to be secure
in their persons, houses, papers, and effects against unreasonable searches
and seizures of whatever nature and for any purpose, and a search warrant
or warrant of arrest can only be issued upon showing of a probable cause
determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to
be seized (Tamayo, 2015).
324. Right of assembly means the right on the part of the citizens to meet
peaceably for consultation in respect to public affairs (De Leon & De Leon Jr.,
2014).
325. Right of petition means the right of any person or group of persons to
apply, without fear of penalty, to the appropriate branch or office of the
government for redress of grievances (De Leon & De Leon Jr., 2014).
326. Right to Appeal is not a constitutional right. It is a statutory right granted
by the legislature. But when it is expressly granted by law, then it comes
within the scope of due process. The right to appeal is personal to the
accused and similarly to other rights of kindred nature, it may be waived
either expressly or by implication. However, where the death penalty is
imposed, such right cannot be waived as the review of the judgment by the
court of appeals is automatic and mandatory. (Tamayo, 2015).
327. Right to Bail Section 13, Article III of the 1987 Constitution provides that
“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 (Tamayo, 2015).
328. Right to be Heard is the heart of criminal due process. Basically, it refers to
all the mechanisms afforded to the accused during the criminal proceedings
(Tamayo, 2015).
329. Right to be informed of the nature and the cause of the accusation against
him states that an accused cannot be convicted of an offense unless it is
clearly charged in the complaint or information. To convict him of an offense
other than that charged in the complaint or information would be a violation
of his constitutional right
330. Right to be Present at all Stages of Trial states that the accused has the
right to be present at all stages of trial, from arraignment to rendition of
judgment, in order that he may be informed of what transpires in every
stage of the proceedings, to guard himself from technical blunders, and
ultimately, to fully defend himself from the accusation against him (Tamayo,
2015). 
331. Right to be Presumed Innocent refers to the constitutional guarantee that
the accused should be treated as if innocent until he is proven guilty beyond
reasonable doubt (Tamayo, 2015).
332. Right to counsel is the right that covers the period beginning from
custodial investigation, well into the rendition of the judgment and even
appeal. The right of the accused to counsel is based on the reason that only a
lawyer has a substantial knowledge of the rules of evidence, and a non-
lawyer, in spite of his education in life, may not be aware of the intricacies of
law and procedure. Depriving a person of such right constitutes a violation
of due process (Tamayo, 2015).
333. Right to Disseminate Religious Beliefs is the right to believe and to
worship. It would be incomplete without the constitutional right to share
one's views with others and to seek to win them to one's faith, by giving
analysis of contrary views and by solicitation of financial assistance in
carrying the truth to others (De Leon & De Leon Jr. 2014).
334. Right to Due Process and Equal Protection Section 1, Article III of the
1987 Constitution states “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.” (Tamayo, 2015)
335. Right to Due Process is a right not to be deprived of life, liberty, and
property without a valid trial. The right is invoked when the act of the
government is arbitrary, oppressive, whimsical, or unreasonable. It is
particularly directed against the acts of the executive and legislative
departments (Tamayo, 2015).
336. Right to Equal Protection of Laws states that all persons or things
similarly situated must be similarly treated both as to the rights conferred
and responsibilities imposed.
337. Right to form Association is the right of the people, including those who
are employed in the public and private sectors, to form unions, associations,
or societies for purpose not contrary to law.
338. Right to Impartial Trial primarily requires that the judge who sits in the
case must be objective and renders a decision based on the cold neutrality of
the evidence presented (Tamayo, 2015).
339. Right to Just Compensation provides that private property shall not be
taken for public use without just compensation.
340. Right to Meet the Witnesses Face-to-Face enables the accused to test the
credibility of the witnesses (Tamayo, 2015).
341. Right to Petition means that any person or group of persons can
complain without fear of penalty to the concerned government branch or
office (Bederio et. al., 2004).
342. Right to Privacy is the right to be left alone. The right of the person to be
free from undesired publicity (De Leon & De Leon Jr., 2014).
343. Right to Public Trial demands that the proceedings be conducted in such
a way that the public may know what transpires during the trial (Tamayo,
2015).
344. Right to Return to One’s Country although the right to return to one’s
country is not among the rights expressly mentioned in the Bill of Rights, it
is nonetheless recognized and protected in the Philippines. It is a generally
accepted principle of international law, and as such, it is part of the law of
the land, pursuant to the doctrine of incorporation. It is different from the
right to travel and is guaranteed under the International Covenant on Civil
and Political Rights (Tamayo, 2015).
345. Right to Speedy Disposition provides that all persons shall have the right
to speedy disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.
346. Right to Speedy Trial is based on the maxim that “justice delayed is justice
denied.” Unreasonable delays may result in the prolonged suffering of an
innocent accused or an evasion of justice by a truly guilty person (Tamayo,
2015).
347. Right to testify as a witness on his own behalf means that a denial of the
defendant's right to testify on his behalf would constitute an unjustifiable
violation of his constitutional right.
348. Rights of Individuals Guaranteed by the International Covenant on Civil
and Political Rights (ICCPR) Article 2 The right to legal recourse when their
rights have been violated, even if the violator was acting in an official
capacity. Article 3 The right to equality between men and women in the
enjoyment of their civil and political rights. Article 6 The right to life and
survival. Article 7 The freedom from inhuman or degrading treatment or
punishment. Article 8 The freedom from slavery and servitude. Article 9 The
right to liberty and security of the person and freedom from arbitrary arrest
or detention. Article 11 The freedom from prison due to debt. Article 12 The
right to liberty and freedom of movement Article 14 The right to equality
before the law; the right to be presumed innocent until proven guilty and to
have a fair and public hearing by an impartial tribunal. Article 16 The right
to be recognized as a person before the law. Article 17 The right privacy and
its protection by the law. Article 18 The freedom of thought, conscience and
religion. Article 19 The freedom of opinion and expression. Article 20
Prohibition of propaganda advocating war or national, racial or religious
hatred. Article 21 The right to peaceful assembly. Article 22 The right to
freedom of association. Article 23 The right to marry and found a family
Article 24 The rights for children (status as minors, nationality, registration,
and name). Article 25 The right to participate in the conduct of public affairs,
to vote and to be elected and access to public service. Article 26 The right to
equality before the law and equal protection Article 27 The right, for
members of religious, ethnic or linguistic minorities, to enjoy their culture,
practice their religion and use their language. (Council of Europe, 2016)
349. Rights of the Accused are the rights intended for the protection of a person
accused of any crime like the rights against unreasonable search and seizure,
the right to presumption of innocence, the right to speedy, impartial, and
public trial, and the right against cruel, degrading, or inhuman punishment
(De Leon & De Leon Jr., 2014).
350. Scatter-Shot Warrant is a search warrant issued for more than one
specific offense.
351. Scope and Limitation of the Right to Information states that the right
guarantees access to official records for any lawful purpose. However, access
may be denied by the government if the information sought involves: (a)
National security matters, military and diplomatic secrets; (b) Trade or
industrial secrets; (c) Criminal matters; and (d) Other confidential
information (such as inter-government exchanges prior to consultation of
treaties and executive agreement, and privilege speech) (Tamayo, 2015).
352. Scope of freedom of expression states that the constitutional guarantee of
freedom of expression includes the specific guarantees of free speech and
free press, the rights of assembly and petition, the right to form associations
or societies not contrary to law, and the right to religious freedom (De Leon
& De Leon Jr. 2014).
353. Scope of Protection of 1987 Constitution to Life, Liberty, and Property
states that the protection covers all persons, whether citizens or aliens,
natural or juridical (Tamayo, 2015).
354. Scope of the Right against Unreasonable Searches and Seizures states that
the protection extends to all persons, aliens or citizens, natural or juridical. It
is a personal right which may be invoked or waived by the person directly
affected against unreasonable arrests or searches by the government and its
agencies. It cannot, however, be invoked against private individuals
(Tamayo, 2015).
355. Search Incidental to Lawful Arrest means a person lawfully arrested may
be searched for dangerous weapons or anything which may have been used
or constitute proof in the commission of an offense without search warrant.
356. Search is defined as the act of looking carefully in order to find some
concealed items.
357. Search of a Moving Vehicle is a search made in checkpoints that shall be
limited to visual search and neither the vehicle nor the occupants shall be
subjected to physical search or require the passengers to alight from the
vehicle.
358. Search Warrant is an order in writing, issued in the name of the people of
the Philippines, signed by a judge and directed to a peace officer,
commanding him to search for certain personal property and bring it before
the court (De Leon & De Leon Jr., 2014).
359. Search Warrant Maliciously Obtained is a crime committed by a public
officer or employee who procures a search warrant without just cause.
360. Searching Domicile Without Witnesses is a crime committed by a public
officer or employee who is armed with a search warrant legally procured
and searches the domicile, papers, or other belongings of any person without
the presence of the owner, or any member of the family, or at least two
witnesses residing in the same locality.
361. Second-generation Rights is a term referring to economic, social and
cultural rights, such as an adequate standard of living, health care, housing,
and education. The International Covenant on Economic, Social, and
Cultural Rights principally codifies these rights. Because the term suggests a
hierarchy of civil and political rights over economic and social rights, it is
increasingly falling from usage.
362. Section 1 of Article III of the 1987 Constitution provides that 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.
363. Section 12, Article III, 1987 Constitution enumerates the rights of a
person under custodial investigation for the commission of an offense, to
wit: (a) Right to remain silent, right to have a competent and independent
counsel preferably of his own choice, right to free legal services if he cannot
afford one, and the right to informed of these rights. These rights cannot be
waived except in writing and in the presence of counsel; (b) Right against the
use of torture, force, violence, threat, intimidation, or any other means which
vitiate his free will. Prohibition against secret detention places, solitary,
incommunicado, or other similar forms of detention; (c) Exclusion of any
confession or admission obtained in violation of this provision or the right
against self-incrimination as evidence against him; and (d) Sanctions against
violators and compensation for rehabilitation of victims (Tamayo, 2015).
364. Section 2 of Article III of the 1987 Constitution states that the right of the
people to secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose
shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complaint and the witnesses he
may produce, and particularly describing the place to be searched and the
person or things to be seized.
365. Section 4 of Rule 126 of the Rules of Court states that a search warrant
shall not be issued except upon probable cause in the connection with one
specific offense.
366. Seizure means to take into custody of something.
367. Separation of Powers refers to the fundamental principles in the
constitutional system that the powers of the government are distributed
among three great departments: Legislative, executive, and judicial.
368. Seven Cardinal Primary Rights include; (a) The right to a hearing, where
a party may present evidence in support of his case; (b) The tribunal must
consider the evidence presented; (c) The decision of the tribunal must be
supported by evidence; (d) The evidence must be substantial. Substantial
evidence is such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion; (e) The evidence must have been
presented at the hearing, or at least contained in the record and known to the
parties affected; (f) The tribunal or body or any of its judges must rely on its
own independent consideration of evidence, and not rely on the
recommendation of a subordinate; and (g) The decision must state the facts
and the law in such a way that the parties are apprised of the issues involved
and the reasons for the decision (Tamayo, 2015).
369. Shadow Report is an unofficial report prepared by institutes or
individuals representing civil society submitted to a committee monitoring a
human rights treaty. Such reports usually contradict or add to the official
report on treaty compliance and implementation submitted by a government
as part of its treaty obligations.
370. Sir Edward Coke initiated the Petition of Right and it was based upon
earlier statutes and charters and asserted four principles: (1) No taxes may be
levied without consent of Parliament, (2) No subject may be imprisoned
without cause shown (reaffirmation of the right of habeas corpus), (3) No
soldiers may be quartered upon the citizenry, and (4) Martial law may not be
used in time of peace (Humanrights.com).
371. Slavery is an ancient practice of treating man as a commodity under the
complete power of the master (Tamayo, 2015).
372. Social and Economic Rights refer to those rights which are intended to
secure the well-being and economic security of the individual (De Leon & De
Leon Jr., 2014).
373. Social Justice refers to the humanization of laws and the equalization of
the social and economic forces by the state so that the justice in its rational
and objectively secular conception may at least be approximated.
374. Special or Specific Deterrence refers to the kind of deterrence where the
state causes fear to the offender so that he will not commit crimes in the
future.
375. Special Rapporteur is a person chosen by a UN human rights body to
report on a particular theme (e.g. on the sale of children, child prostitution
and child pornography; on violence against women) or on the human rights
situation in a particular country.
376. Speedy Trial means one that can be had as soon as possible, after a person
is indicted and within such time as the prosecution, with reasonable
diligence, could prepare for it. It should be a trial "conducted according to
fixed rules, regulations, and proceedings of law free from vexatious,
capricious, and oppressive delays." (De Leon, De Leon Jr., 2014)
377. Spread of Human Rights from Babylon, the idea of human rights spread
quickly to India, Greece and eventually Rome. There the concept of “natural
law” arose, in observation of the fact that people tended to follow certain
unwritten laws in the course of life, and Roman law was based on rational
ideas derived from the nature of things (Humanrights.com).
378. State refers to a community of persons, more or less numerous,
permanently occupying a definite portion of territory, independent of
external control and possessing a government to which a great body of
inhabitants render habitual obedience.
379. Statutory Reinforcements of the Right to Privacy to reinforce these
constitutional provisions, Congress has passed laws that recognize and
protect the zones of privacy of an individual. These laws include (a) The
Civil Code of the Philippines; (b) The Revised Penal Code; (c) Anti-Wire
Tapping Act; (d) The Secrecy of Bank Deposits; and (e) Intellectual Property
Code (Tamayo, 2015).
380. Statutory Reinforcements Congress has passed laws that recognize and
protect the zones of privacy of an individual (Tamayo, 2015).
381. Statutory Rights are those rights which are provided by laws
promulgated by the law-making body, and may consequently be abolished
by the same body (De Leon & De Leon Jr., 2014).
382. Stereotype is an oversimplify end, generalized and often unconscious
preconception about people or ideas that may lead to prejudice and
discrimination.
383. Stop and Frisk is a situation wherein a policeman may search a person
whom they believe to be committing a crime based on a probable cause.
384. Strict Scrutiny is a review in which the government is required to show
the presence of a compelling government interest, rather than a mere
substantial interest, and the absence of a less restrictive means for achieving
the interest (Tamayo, 2015).
385. Strike refers to a temporary stoppage of work by the concerted action of
employees.
386. Subpoena Ad Testificandum is an order compelling the person summoned
by the court to testify (Tamayo, 2015).
387. Subpoena Duces Tecum is an order compelling the person summoned by
the court to produce the document required by the court (Tamayo, 2015).
388. Subpoena is an order for a person to appear and testify in court (De Leon
& De Leon Jr., 2014).
389. Subsidiary Penalty is defined as subsidiary personal liability to be
suffered by the convict who has no personal property with which to meet the
fine, at the rate of 8.00 per day, subject to the rules provided under Article 39
of the RPC.
390. Substantive Due Process requires the intrinsic validity of the law in
interfering with the rights of the person to life, property, and liberty. The
substantive requirement is the prohibition of arbitrary, unreasonable, or
oppressive laws.
391. Substantive Requirement for an Ordinance to be Valid A.) It must not
contravene the Constitution or any Statute; B.) It must not be unfair or
oppressive; C.) It must not be partial or discriminatory; D.) It must not
prohibit but may regulate trade; E.) It must be general and consistent to
public policy; F.) It must not be unreasonable.
392. Sufficiency test of search warrant refers to the requirement that the
oath must refer to the truth of the facts within the personal knowledge of the
applicant of a search warrant and/or his witnesses, not of the facts merely
reported by a person whom one considers to be reliable.
393. Supervening Fact Doctrine provides that an accused's conviction shall not
be a bar to another prosecution for an offense which necessarily includes the
offense charged in the former complaint or information when the graver
offense developed due to supervening facts arising from the same act or
omission constituting the former charged.
394. Taking (Under the power of eminent domain) refers to the act of entering
upon a private property for more than a momentary period, and under the
warrant or color of legal authority, devoting it for public use, or otherwise
informally appropriating or injuriously affecting it in such a way of
substantially to oust the owner and deprive him of all beneficial enjoyment
thereof.
395. Taxation is the power of the state to impose charge or burden upon
persons, or property rights for the use and support of the government and to
enable it to discharge its appropriate functions (De Leon & De Leon Jr.,
2014).
396. Taxes are the enforced proportional contributions from persons and
property levied by the law-making body of the state by the virtue of its
sovereignty for the support of the government and all public needs (De Leon
& De Leon Jr., 2014).
397. Temporary Restraining Order refers to a temporary remedy to preserve
the status quo pending the hearing and determination of an application for
the issuance of the writ of preliminary injunction.
398. Terrorism is committed by any person committed a crime which resulted
in the creation of a condition of widespread and extraordinary fear to the
populace, in order to coerce the government to give in to an unlawful
demand.
399. Thirty-six (36) hours is the time given to a police officer to deliver a
detained person for some legal ground to the proper judicial authorities for
crimes punishable by afflictive or capital penalties.
400. Thomas Jefferson is the author of the Declaration of Independence. He
wrote the declaration as a formal explanation of why Congress had voted on
July 2 to declare independence from Great Britain, more than a year after the
outbreak of the American Revolutionary War, and as a statement
announcing that the thirteen American colonies were no longer a part of the
British Empire. Congress issued the Declaration of Independence in several
forms. Philosophically, the Declaration stressed two themes: individual
rights and the right of revolution (Humanrights.com).
401. Treaty is a formal agreement between states that define and modify their
mutual duties and obligations; used synonymously with convention and
covenant. When Member States ratify a treaty that has been adopted by the
UN General Assembly, the articles of that treaty become part of its domestic
legal obligations.
402. Trial in Absentia means that the trial may proceed notwithstanding the
absence of the accused provided he has been duly notified and his failure to
appear is unjustifiable.
403. Trial is the examination before the competent tribunal, according to the
laws of the land, of the facts and issue in the case, for the purpose of
determining such issue.
404. Twelve (12) hours is the time given to a police officer to deliver a detained
person for some legal ground to the proper judicial authorities for crimes
punishable by light penalties.
405. Two (2) days is the amount of time that the accused is entitled to prepare
for trial if he/she pleads not guilty during the arraignment unless the court
for good cause grants him further time (De Leon & De Leon Jr., 2014).
406. Two Aspects of Freedom of Movement include; (a) Freedom to choose and
change one’s domicile, and (b) Freedom to travel within and outside the
country (Tamayo, 2015).
407. Two Aspects of Freedom of Religion are (a) the freedom to believe, and (b)
the freedom to act on one’s belief. The first aspect is in the realm of the mind,
and as such, it is absolute since the State cannot control the mind of the
citizen (Tamayo, 2015).
408. UDHR or Universal Declaration of Human Rights which was adopted by
the UN General Assembly on 10 December 1948 at Palais de Chaillot, Paris,
was the result of the experience of the Second World War. With the end of
that war and the creation of the United Nations, the international
community vowed never again to allow atrocities like those of that conflict
to happen again. (United Nations)
409. UNICEF (the United Nations Children’s Fund) mandated by the United
Nations General Assembly, UNICEF advocates for the protection of
children’s rights, to help meet their basic needs and to expand their
opportunities to reach their full potential. UNICEF is guided by the
Convention on the Rights of the Child and strives to establish it as enduring
ethical principles and international standards of behavior towards children.
410. Universality is a principle that all human rights are held by all persons in
all states and societies in the world.
411. Unlawful arrest refers to the crime committed by any person who, in any
case, other than those authorized by law, shall arrest or detain another for
the purpose of delivering him to proper judicial authorities.
412. Violation of Domicile is committed by any public officer or employee
who, not being authorized by judicial order, shall enter the dwelling against
the will of the owner.
413. Warrant of Arrest is a command to arrest a person for him to be bound to
answer for the commission of an offense (De Leon & De Leon Jr., 2014).
414. Warrantless Searches refers to searches without a warrant. It is still valid
under the following instances: (a) Search as an incident to a lawful arrest.
When a valid arrest precedes the search or contemporaneous with it, and the
search is limited to the immediate vicinity of the place of arrest, for purposes
of securing dangerous objects and effects of the crime; (b) Consented search.
When the right has been voluntarily waived by a person who has a right,
aware of such right, and has an actual intention to relinquish such right; (c)
Plainview search. When prohibited articles are within the sight of an officer
who has the right to be in a position to that view; (d) Visual search at
checkpoints. When the search at stationary checkpoints is pre-announced
and limited to a visual search only; (e) Terry search. When a police officer, in
interest of effective crime prevention, performs a “stop-and-frisk” or patting
of outer clothing for dangerous weapons, after observing a suspicious
conduct on the part of a citizen; (f) Search of moving vehicles, vessels, and
aircraft for violation of laws; (g) Inspection of buildings and other premises
for the enforcement of fire, sanitary, and building regulations; and (h) Search
in airports and other populous places (Tamayo, 2015).
415. When does a law impair the obligation of contracts; 1) If it changes the
terms and conditions of a legal contract either as to the time or mode of
performance 2) If it imposes new conditions or dispenses with those
expressed 3) If it authorizes for its satisfaction something different from
that provided in its terms (Ateneo Central Bar Operations, 2001).
416. When does first jeopardy TERMINATE; 1) Acquittal 2) Conviction 3)
Dismissal W/O the EXPRESS consent of the accused 4) Dismissal on the
merits (Ateneo Central Bar Operations, 2001).
417. When does jeopardy ATTACH; 1) A person is charged 2) Under a
complaint or information sufficient in form and substance to sustain a
conviction 3) Before a court of competent jurisdiction 4) After the
person is arraigned 5) Such person enters a valid plea (Ateneo Central Bar
Operations, 2001).
418. When does jeopardy NOT attach 1) If information does not charge any
offense 2) If, upon pleading guilty, the accused presents evidence of
complete self-defense and the court thereafter acquits him without entering a
new plea of not guilty for accused. 3) If the information for an offense
cognizable by the RTC is filed with the MTC. 4) If a complaint filed for
preliminary investigation is dismissed (Ateneo Central Bar Operations,
2001).
419. When Double Jeopardy Could Be Claimed? Before double jeopardy could
be claimed, there must be a first jeopardy. The first jeopardy attaches only:
(a) upon good indictment; (b) before a competent court; (c) after
arraignment; (d) when a valid plea has been entered; and (e) the case was
dismissed or otherwise terminated without the consent of the accused. A
case is said to be terminated without the consent of the accused when there
is an acquittal or a final decision convicting him (Tamayo, 2015).
420. When is a law VAGUE? A. When it lacks comprehensible standards B.
That men of ordinary intelligence must necessarily GUESS as to its meaning
C. And differ as to its application (Ateneo Central Bar Operations, 2001).
421. When is a penalty “cruel, degrading and inhumane”; 1. A penalty is cruel
and inhuman if it involves torture or lingering suffering. Ex. being drawn
and quartered. 2. A penalty is degrading if it exposes a person to public
humiliation. Ex. Being tarred and feathered, then paraded throughout town
(Ateneo Central Bar Operations, 2001).
422. When is the exercise of the power of eminent domain necessary it is only
necessary when the owner does not want or opposes the sale of his property.
Thus, if a valid contract exists between the government and the owner, the
government cannot exercise the power of eminent domain as a substitute to
the enforcement of the contract (Ateneo Central Bar Operations, 2001).
423. When municipal property is taken by the State compensation is required
if the property is a patrimonial property, that is, property acquired by the
municipality with its private funds in its corporate or private capacity.
However, if it is any other property such a public buildings or legal
communal held by the municipality for the State in trust for the inhabitants,
the State is free to dispose of it at will (Ateneo Central Bar Operations, 2001).
424. When search and seizure unreasonable in general, all illegal searches and
seizures are unreasonable while lawful ones are reasonable. A search or
seizure made without a search warrant is not necessarily illegal, and one
made under a search warrant is not necessarily legal. What constitutes a
reasonable or unreasonable search or seizure in any particular case is a
purely judicial question, determinable from a consideration of the
circumstances involved (De Leon & De Leon Jr. 2014).
425. When the Writ of Habeas Corpus is Suspended? The privilege of habeas
corpus is suspended in cases of rebellion or invasion. This is in order to meet
the exigencies in such cases (Tamayo, 2015).
426. Who is entitled to bail all persons actually detained shall, before
conviction be entitled to bail (Ateneo Central Bar Operations, 2001).
427. Who is not entitled to bail 1) Persons charged with offenses punishable
by reclusion perpetua or death, when evidence of guilt is strong 2) Persons
convicted by the trial court. Bail is only discretionary pending appeal. 3)
Persons who are members of the AFP facing a court-martial (Ateneo Central
Bar Operations, 2001).
428. Who can exercise the Power of Eminent Domain 1) The national
government - Congress and the Executive, pursuant to legislation enacted by
Congress 2) Local government units, pursuant to an ordinance enacted by
their respective legislative bodies (under LGC) 3) Public utilities, as may
be delegated by law (Ateneo Central Bar Operations, 2001).
429. Who may exercise the Right to form Association the right of association
may be exercised by the employed or the unemployed and by those
employed in the government or in the private sector. It likewise embraces
the right to form unions both in the government and private sector (Tamayo,
2015).
430. World Health Organization (WHO) is an intergovernmental organization
under the auspices of the United Nations that works to promote health
worldwide.
431. Writ is an order from the court requiring a person detaining another to
show cause for the detention (De Leon & De Leon Jr., 2014).
432. Writ of Amparo is a judicial remedy that provides speedy relief to protect
the people's right to life, liberty, and security in cases involving enforced
disappearances or extrajudicial killings, or threats thereof (De Leon & De
Leon Jr., 2014).
433. Writ of Habeas Corpus is a Latin term which literally means "you have the
body". It is a writ that commands an individual or government official who
has restrained another to produce the prisoner at a designated time and
place so that the court can determine the legality of the custody and decide
whether to order the prisoner’s release.
434. Writ of Habeas Data is a judicial remedy available to any individual
whose right to privacy in life, liberty, or security is violated or threatened by
an unlawful act or omission of a public official or employee or of a private
individual or entity engaged in the gathering, collecting, or storing of data or
information regarding the person, family, home and correspondence of the
aggrieved party (De Leon & De Leon Jr., 2014).
435. Xenophobia means fear of foreigners, of persons from other countries or
of things foreign generally. Xenophobia can lead to discrimination, racism,
violence and even armed conflict against foreigners.
436. Year of 1215. The Magna Carta—gave people new rights and made the
king subject to the law (Youth for Human Rights).
437. Year 1628. The Petition of Right—set out the rights of the people. This is
the next recorded milestone in the development of human rights after the
Magna Carta, produced in 1628 by the English Parliament and sent to
Charles I as a statement of civil liberties (Youth for Human Rights).
438. Year 1776. The United States Declaration of Independence—proclaimed
the right to life, liberty and the pursuit of happiness (Youth for Human
Rights).
439. Year 1789. The Declaration of the Rights of Man and of the Citizen—a
document of France, stating that all citizens are equal under the law (Youth
for Human Rights).
440. Year 1948. The Universal Declaration of Human Rights—the first
document listing the 30 rights to which everyone is entitled (Youth for
Human Rights).
441. Year 1993. The World Conference on Human Rights in Vienna reaffirmed
the importance of human rights education, training and public information,
declaring it "essential for the promotion and achievement of stable and
harmonious relations among communities and for fostering mutual
understanding, tolerance and peace." (University of Minnesota).
442. Year 539 B.C. The armies of Cyrus the Great, the first king of ancient
Persia, conquered the city of Babylon. But it was his next actions that marked
a major advance for Man. He freed the slaves, declared that all people had
the right to choose their own religion, and established racial equality
(Humanrights.com).
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