THOSE RIGHTS WHICH AREINTENDED TO INSURE THE
BILL OF RIGHT (ARTICLE III, 1987
PHILIPPINE CONSTITUTION)
BILL OF RIGHTS
- IT IS THE DECLARATION AND ENUMERATION
OFINDIVIDUALS RIGHTS AND PRIVILEGES WHICHTHE
CONSTITUTION IS DESIGNED TO PROTECTTHE
INDIVIDUAL AGAINST THE VIOLATIONS OFTHE
GOVERNMENT, OF INDIVIDUALS OR GROUPOF
INDIVIDUALS.IT IS A CHARTER OF LIBERTIES AND A
LIMITATIONUPON THE POWER OF
GOVERNMENT
.
CLASSES
OF RIGHTS
1. NATURAL RIGHTS
2. CONSTITUTIONAL RIGHTS
- POLITICAL RIGHTS
- CIVIL RIGHTS
- SOCIAL AND ECONOMIC RIGHTS
- RIGHTS OF THE ACCUSED
3. STATUTORY RIGHTS
NATURAL RIGHTS
- THESE ARE RIGHTS POSSESSED BY EVERY CITIZEN
WITHOUT BEING GRANTED BYTHE STATE FOR THEY
ARE GIVEN TO MAN BY GOD AS A HUMAN BEING
- EXAMPLES ARE THE RIGHT TO LIFE AND THE RIGHT
TO LOVE
- ONE MUST REMEMBER THAT EVERY RIGHT INVOLVES
A CORRESPONDINGRESPONSIBILITY TO OTHERS AND
TO SOCIETY
CONSTITUTIONAL RIGHTS
- POLITICAL RIGHTS. THEY ARE RIGHTS OF THE
CITIZENS WHICH GIVE THEM THEPOWER TO
PARTICIPATE, DIRECTLY OR INDIRECTLY IN THE
ESTABLISHMENT ORADMINISTRATION OF THE
GOVERNMENT
- CIVIL RIGHTS. THESE ARE RIGHTS WHICH THE LAW
WILL ENFORCE AT THE INSTANCEOF PRIVATE
INDIVIDUALS FOR THE PURPOSE OF SECURING THEM
THE ENJOYMENTOF THEIR MEANS OF HAPPINESS.
THEY INCLUDE THE RIGHTS TO DUE PROCESSAND
EQUAL PROTECTION OF THE LAWS. FREEDOM OF
SPEECH AND EXPRESSIONAND THE RIGHT TO FORM
ASSOCIATIONS ARE LIKEWISE CIVIL RIGHTS.
- SOCIAL AND ECONOMIC RIGHTS. THEY REFER TO
WELL-BEING AND ECONOMIC SECURITY OF
THEINDIVIDUAL.
- RIGHTS OF THE ACCUSED- THEY ARE THE (CIVIL)
RIGHTS INTENDED FOR THEPROTECTION OF A
PERSON ACCUSED OF ANY CRIME. EXAMPLES ARE
THE RIGHTTO PRESUMPTION OF INNOCENCE AND
THE RIGHT TO A SPEEDY, IMPARTIALAND PUBLIC
TRIAL STATUTORY RIGHTS
- THEY ARE THOSE RIGHTS WHICH ARE PROVIDED BY
LAWS PROMULGATED BYTHE LAW-MAKING BODY
AND CONSEQUENTLY, MAY BE ABOLISHED BY
THE
THESAME BODY. AN EXAMPLE IS THE RIGHT TO
ADOPT
A CHILD BY AN UNRELATEDPERSON
ARTICLE III SECTION 1
- “NO PERSON SHALL BE DEPRIVED OF HIS LIFE,
LIBERTY ORPROPERTY WITHOUT DUE PROCESS OF
LAW, NOR SHALL ANYPERSON BE DENIED THE EQUAL
PROTECTION OF THELAWS.”
DUE PROCESS
- SUBSTANTIVE. THIS REFERS TO THE LAW ITSELF, NOT
MERELY THE PROCEDURE ON HOW THELAW WILL BE
APPLIED
- PROCEDURAL. REFERS TO THE MANNER OR METHOD
BY WHICH THE LAW IS ENFORCED
EQUAL PROTECTION CLAUSE
- IT SIGNIFIES THAT “ALL PERSONS SUBJECT
TOLEGISLATION SHOULD BE TREATED ALIKE, UNDER
LIKECIRCUMSTANCES AND CONDITIONS BOTH
INPRIVILEGES CONFERRED AND LIABILITIES
IMPOSED.”
RIGHTS ENUMERATED IN THE CONSTITUTION
- RIGHT TO PRIVACY (SECTION 2 & 3)
- FREEDOM OF SPEECH AND EXPRESSION (SECTION 4)
- FREEDOM OF RELIGION (SECTION 5)
- RIGHT TO TRAVEL AND ABODE (SECTION 6)
- RIGHT TO INFORMATION (SECTION 7)
- RIGHT TO FORM ASSOCIATION AND SOCIETIES
(SECTION 8)
- PRIVILEGE OF THE WRIT OF HABEAS CORPUS
(ARTICLE III, SEC.15) THE WRIT OF HABEAS CORPUS IS
AN ORDER ISSUED BY A COURT OFCOMPETENT
 JURISDICTION, DIRECTED TO A PERSON DETAINING
ANOTHER, COMMANDING HIM TO PRODUCE THE
BODY OF THE PRISONER AT ADESIGNATED TIME AND
PLACE, AND TO SHOW SUFFICIENT CAUSE
FORHOLDING IN CUSTODY THE INDIVIDUAL SO
DETAINED
- PROHIBITION ON EX POST FACTO LAW AND BILL
OFATTAINDER (ARTICLE III, SEC. 22) AN EX POST
FACTO LAW (AFTER THE FACT) IS ONE WHICH
OPERATESRETROSPECTIVELY, WHILE A BILL OF
ATTAINDER IS A LAW WHICHINFLICTS PUNISHMENT
WITHOUT JUDICIAL TRIAL
RIGHTS OF THE ACCUSED & PERSONS
UNDERINVESTIGATION
BILL OF RIGHTS
- SERVES AS PROTECTION OF INDIVIDUALS AGAINST
THE VIOLATIONSOF OTHER PERSONS INCLUDING THE
GOVERNMENT.
WARRANT
- SEARCH WARRANT IS AN ORDER IN WRITING, ISSUED
IN THE NAMEOF THE PEOPLE OF THE PHILIPPINES
SIGNED BY A JUDGE ANDDIRECTED TO A PEACE
OFFICER, COMMANDING HIM TO SEARCH
FORCERTAIN PERSONAL PROPERTY AND BRING IT
BEFORE THE COURT.
- WARRANT OF ARREST ON THE OTHER HAND IS AN
ORDER TO ARREST APERSON AND TAKE HIM TO
CUSTODY IN ORDER THAT HE MAY BEBOUND TO
ANSWER FOR THE COMMISSION OF AN OFFENSE.
PROBABLE CAUSE
- IT MEANT SUCH FACTS AND
CIRCUMSTANCESANTECEDENT TO THE ISSUANCE OF
THE WARRANTSUFFICIENT IN THEMSELVES TO
INDUCE A CAUTIOUS MANTO RELY UPON THEM AND
ACT IN PURSUANCE THEREOF.
REQUISITES OF A VALID WARRANT
1. IT MUST BE ISSUED UPON PROBABLE CAUSE
2. THE PROBABLE CAUSE MUST BE DETERMINED BY
THEJUDGE
3. DETERMINATION OF PROBABLE CAUSE MUST BE
MADEAFTER EXAMINATION BY THE JUDGE OF
THECOMPLAINANT AND WITNESSES HE MAY
PRODUCE
4. THE WARRANT MUST PARTICULARLY DESCRIBE
THEPLACE TO BE SEARCHED AND THE PERSONS OR
THINGSTO BE SEIZED
WHEN CAN ARREST BE MADE WITHOUT A WARRANT? THERE
ARE ONLY THREE CIRCUMSTANCES THAT AN ARREST
CAN BE MADE WITHOUT A WARRANT.
ARRESTS WITHOUT A WARRANT
1. WHEN IN THE PRESENCE OF ANOFFICER OR
A PRIVATE INDIVIDUAL, THE PERSON TO BE
ARRESTEDHAS COMMITTED, IS
ACTUALLYCOMMITTING OR ATTEMPTING
TOCOMMIT A CRIME.
2. WHEN AN OFFENSE HAS JUSTBEEN
COMMITTED AND HE HASPERSONAL KNOWLEDGE
OF THEFACTS INDICATING THAT THEPERSON TO BE
ARRESTED HASCOMMITTED IT.
3. THE PERSON TO BEARRESTED IS A FUGITIVE
OFTHE LAW
WHEN CAN SEARCH AND SEIZURES CANBE MADE WITHOUT
WARRANT
1. WHEN THERE IS WAIVER OR CONSENT
2. WHERE SEARCH IS AN INCIDENT TO A LAWFUL
ARREST
3. IN CASE OF CONTRABAND OR FORFEITED GOODS
TRANSPORTED BY SHIP ORAUTOMOBILE, OR
OTHER VEHICLE WHERE THE OFFICER BELIEVING
THAT ITCONTAINS THEM IN VIEW OF DIFFICULTY
IN OBTAINING A WARRANT
4. WHERE ILLEGAL ITEMS IS DISCLOSED TO PLAIN
VIEW
5. AS AN INCIDENT OF INSPECTION, SUPERVISION
AND ROUTINE SEARCHES
RIGHTS OF PERSONS UNDER INVESTIGATION (ARTICLE III
SECTION 12)
- RIGHT TO REMAIN SILENT
- RIGHT TO HAVE COUNSEL (LAWYER)
- RIGHT AGAINST TORTURE, FORCE, VIOLENCE,
THREAT, INTIMIDATION OR ANY OTHER
MEANSWHICH CAN
AFFECT HIS FREEWILL
RIGHTS OF AN ACCUSED (ARTICLE III SEC. 13-19, 21)
- RIGHT TO LEGAL ASSISTANCE
- RIGHT AGAINST BEING DETAINED IN SECRET AND
INCOMMUNICADO
- RIGHT TO DUE PROCESS
 - RIGHT TO BE PRESUMED INNOCENT UNTIL THE
CONTRARY IS PROVED
- RIGHT TO BE HEARD BY HIMSELF & COUNSEL WHO ARE FILIPINO CITIZENS ACCORDING TO THE
- RIGHT TO BE INFORMED OF CONSTITUTION
THE SECTION 1. THE FOLLOWING ARE CITIZENS OF THE
ACCUSATIONSAGAINST HIM PHILIPPINES:

- RIGHT TO BAIL
- RIGHT TO A SPEEDY, PUBLIC AND IMPARTIALTRIAL
- RIGHT TO MEET WITNESSES FACE TO FACE
- RIGHT AGAINST SELF INCRIMINATION
- RIGHT AGAINST DETENTION BY REASON OFPOLITICAL
BELIEFS
- RIGHT AGAINST EXCESSIVE FINES
- RIGHT AGAINST CRUEL AND
DEGRADING
ORINHUMANE PUNISHMENT
- RIGHT AGAINST DOUBLE JEOPARDY
1. THOSE WHO ARE CITIZENS OF THE PHILIPPINES AT THE
TIME OF THE ADOPTION OF THIS CONSTITUTION;
2. THOSE WHOSE FATHERS OR MOTHERS ARE CITIZENS OF
THE PHILIPPINES;
3. THOSE BORN BEFORE JANUARY 17, 1973, OF FILIPINO
MOTHERS, WHO ELECT PHILIPPINE CITIZENSHIP UPON
REACHING THE AGE OF MAJORITY; AND
4. THOSE WHO ARE NATURALIZED IN ACCORDANCE WITH
LAW.

CITIZENSHIP SECTION 2. NATURAL-BORN CITIZENS ARE THOSE WHO ARE

CITIZENSHIP
A TERM DENOTING MEMBERSHIP OF A PERSON IN A
POLITICAL SOCIETY, WHICH MEMBERSHIP IMPLIES
RECIPROCALLY, A DUTY OF ALLEGIANCE ON THE PART
OF THE MEMBER AND DUTY OF PROTECTION ON THE
PART OF THE STATE.
CITIZEN
PERSON HAVING THE TITLE OF CITIZENSHIP. HE IS A
MEMBER OF A STATE WHO ENJOYS FULL CIVIL AND
POLITICAL RIGHTS, AND IS ACCORDER PROTECTION
INSIDE AND OUTSIDE THE TERRITORY OF THE STATE.
GENERAL WAYS OF ACQUIRING CITIZENSHIP
INVOLUNTARY METHOD
BY BIRTH, BECAUSE OF BLOOD RELATIONSHIP OR
PLACE OF BIRTH
VOLUNTARY METHOD
BY NATURALIZATION
CITIZENS OF THE PHILIPPINES FROM BIRTH WITHOUT HAVING
TO PERFORM ANY ACT TO ACQUIRE OR PERFECT THEIR
PHILIPPINE CITIZENSHIP. THOSE WHO ELECT PHILIPPINE
CITIZENSHIP IN ACCORDANCE WITH PARAGRAPH (3), SECTION
1 HEREOF SHALL BE DEEMED NATURAL-BORN CITIZENS.
NATURALIZATION
THE ACT OF FORMALLY ADOPTING A FOREIGNER
INTO THE POLITICAL BODY OF THE STATE AND
CLOTHING HIM WITH THE RIGHTS AND PRIVILEGES
OF CITIZENSHIP.
WAYS OF ACQUIRING CITIZENSHIP BY NATURALIZATION
1. BY JUDGMENT OF THE COURTS
2. BY DIRECT ACT OF CONGRESS
3. BY ADMINISTRATIVE PROCEEDINGS (UNDER R.A
9139)
CAN PHILIPPINE CITIZENSHIP BE LOST
SECTION 3. PHILIPPINE CITIZENSHIP MAY BE LOST OR
REACQUIRED IN THE MANNER PROVIDED BY LAW.

SECTION 4. CITIZENS OF THE PHILIPPINES WHO

JUS SOLI
MARRY ALIENS SHALL RETAIN THEIR CITIZENSHIP,
PLACE OF BIRTH SERVES AS THE BASIS FOR THE
UNLESS BY THEIR ACT OR OMISSION, THEY ARE
ACQUISITION OF CITIZENSHIP UNDER THIS RULE
DEEMED, UNDER THE LAW, TO HAVE RENOUNCED IT.
JUS SANGUINIS
1. VOLUNTARILY
BLOOD RELATIONSHIP IS THE BASIS FOR THE
ACQUISITION OF CITIZENSHIP UNDER THIS RULE - BY NATURALIZATION IN A FOREIGN
COUNTRY
 - BY EXPRESS RENUNCIATION
- BY OATH OF ALLEGIANCE TO SUPPORT THE
CONSTITUTION AND LAWS OF A FOREIGN COUNTRY
- BY RENDERING SERVICE TO OR ACCEPTING
COMMISSION IN THE ARMED FORCES OF ANOTHER
COUNTRY
2. INVOLUNTARY
- BY CANCELLATION OF HIS CERTIFICATE OF
NATURALIZATION BY THE COURT
- HAVING BEEN DECLARED BY COMPETENT
AUTHORITY, A DESERTER IN THE ARMED FORCES OF
THE PHILIPPINES IN TIME OF WAR
*THE VOLUNTARY LOSS OR RENUNCIATION OF PHILIPPINE
CITIZENSHIP IS CALLED EXPATRIATION
REACQUISITION OF PHILIPPINE CITIZENSHIP
1.BY NATURALIZATION
2.BY REPATRIATION
3.BY DIRECT ACT OF CONGRESS
DUAL ALLEGIANCE VS. DUAL CITIZENSHIP
SECTION 5. DUAL ALLEGIANCE OF CITIZENS IS
INIMICAL TO THE NATIONAL INTEREST AND SHALL BE
DEALT WITH BY LAW.
DUAL CITIZENSHIP
REFERS TO THE POSSESSION OF TWO CITIZENSHIPS
BY AN INDIVIDUAL
FILIPINOS ABROAD MAY NOW ACQUIRE DUAL
CITIZENSHIP BY R.A 9225 “CITIZENSHIP RETENTION
AND RE-ACQUISITION ACT OF 2003”
DUAL ALLEGIANCE
REFERS TO THE CONTINUED ALLEGIANCE OF
NATURALIZED NATIONALS TO THEIR MOTHER
COUNTRY EVEN AFTER THEY HAVE ACQUIRED
FILIPINO CITIZENSHIP.
CITIZENS HAVE RIGHTS AND OBLIGATIONS
SUFFRAGE
THIS IS KNOWN AS THE “RIGHT TO VOTE”. IT IS A
RIGHT AND OBLIGATION TO VOTE OF QUALIFIED
CITIZENS IN THE ELECTIONS OF OFFICERS AND IN THE
DECISION OF PUBLIC QUESTIONS SUBMITTED TO THE
PEOPLE
SECTION 1. SUFFRAGE MAY BE EXERCISED BY ALL CITIZENS OF
THE PHILIPPINES NOT OTHERWISE DISQUALIFIED BY LAW,
WHO ARE AT LEAST EIGHTEEN YEARS OF AGE, AND WHO
SHALL HAVE RESIDED IN THE PHILIPPINES FOR AT LEAST ONE
YEAR, AND IN THE PLACE WHEREIN THEY PROPOSE TO VOTE,
FOR AT LEAST SIX MONTHS IMMEDIATELY PRECEDING THE
ELECTION. NO LITERACY, PROPERTY, OR OTHER SUBSTANTIVE
REQUIREMENT SHALL BE IMPOSED ON THE EXERCISE OF
SUFFRAGE.
SCOPE OF SUFFRAGE
ELECTION
THE PROCESS BY WHICH THE PEOPLE CHOOSE THEIR
ELECTIVE OFFICIALS FOR A DEFINITE AND FIXED
PERIODS TO WHOM THEY ENTRUST, FOR THE TIME
BEING AS THEIR REPRESENTATIVES, THE EXERCISE OF
POWERS OF THE GOVERNMENT
PLEBISCITE
THE NAME GIVEN TO A VOTE OF THE PEOPLE
EXPRESSING THEIR CHOICE FOR OR AGAINST A
PROPOSED LAW OR ENACTMENT SUBMITTED TO
THEM
REFERENDUM
THE SUBMISSION OF LAW OR PART OF THE LAW
PASSED BY THE NATIONAL OR LOCAL LEGISLATIVE
BODY TO THE VOTING CITIZENS FOR THEIR
RATIFICATION OR REJECTION
INITIATIVE
THE PROCESS WHEREBY THE PEOPLE DIRECTLY
PROPOSE AND ENACTS LAWS. SPECIFIC LAWS
PERTAINING TO THE PROCESS OF INITIATIVE SHALL
BE ENACTED BY CONGRESS
RECALL
METHOD BY WHICH A LOCAL PUBLIC OFFICER MAY
BE REMOVED FROM OFFICE DURING HIS TENURE OR
BEFORE THE EXPIRATION OF HIS TERM BY A VOTE OF
THE PEOPLE AFTER REGISTRATION OF A PETITION
SIGNED BY REQUIRED PERCENTAGE OF QUALIFIED
VOTERS
QUALIFICATIONS OF VOTERS
1. MUST BE A CITIZEN OF THE PHILIPPINES
2. NOT OTHERWISE DISQUALIFIED BY LAW
 3. AT LEAST 18 YEARS OF AGE
4. HAVE RESIDED IN THE PHILIPPINES FOR AT LEAST
ONE YEAR AND IN THE PLACE WHERE HE PROPOSES
TO VOTE FOR AT LEAST SIX MONTHS PRECEDING THE
ELECTIONS
PERSONS DISQUALIFIED TO VOTE
 ANY PERSON WHO HAS BEEN SENTENCED BY FINAL
JUDGMENT TO SUFFER IMPRISONMENT FOR NOT
LESS THAN ONE YEAR, SUCH DISABILITY NOT HAVING
BEEN REMOVED BY PLENARY PARDON OR GRANTED
AMNESTY. BUT SUCH PERSON SHALL
AUTOMATICALLY RE-ACQUIRE THE RIGHT TO VOTE
UPON EXPIRATION OF FIVE YEARS AFTER SERVICE OF
SENTENCE
 ANY PERSON WHO HAS BEEN ADJUDGED BY FINAL
JUDGMENT HAVING COMMITTED ANY CRIME
INVOLVING DISLOYALTY TO THE GOVERNMENT SUCH
AS REBELLION, SEDITION, VIOLATION OF ANT
SUBVERSION, FIREARMS LAW OR ANY CRIME
AGAINST NATIONAL SECURITY
 INSANE OR INCOMPETENT PERSONS AS DECLARED BY
COMPETENT AUTHORITY
SECTION 2. THE CONGRESS SHALL PROVIDE A SYSTEM FOR
SECURING THE SECRECY AND SANCTITY OF THE BALLOT AS
WELL AS A SYSTEM FOR ABSENTEE VOTING BY QUALIFIED
FILIPINOS ABROAD.
THE CONGRESS SHALL ALSO DESIGN A PROCEDURE FOR THE
DISABLED AND THE ILLITERATES TO VOTE WITHOUT THE
ASSISTANCE OF OTHER PERSONS. UNTIL THEN, THEY SHALL BE
ALLOWED TO VOTE UNDER EXISTING LAWS AND SUCH RULES
AS THE COMMISSION ON ELECTIONS MAY PROMULGATE TO
PROTECT THE SECRECY OF THE BALLOT.
SUFFRAGE IS BOTH A RIGHT AND AN
OBLIGATION
SEPARATION OF POWERS & CHECKS
AND BALANCE
“WHEN LEGISLATIVE AND EXECUTIVE POWERS ARE UNITED IN
THE SAME PERSON OR IN THE SAME BODY OF PERSONS
THERE IS NO LIBERTY BECAUSE OF THE DANGER THAT THE
SAME MONARCH OF THE SAME SENATE MAY MAKE
TYRANNICAL LAWS, AND EXECUTE THEM TYRANNICAL. NOR
AGAIN, THERE IS LIBERTY IF THE JUDICIAL POWER IS NOT
SEPARATED FROM THE LEGISLATIVE AND THE EXECUTIVE. IF IT
WERE JOINED TO THE LEGISLATIVE POWER, THE POWER OVER
THE LIFE AND LIBERTY OF THE CITIZENS WOULD BE
ARBITRARY, FOR ANY JUDGE WOULD BE THE LAWMAKER. IF IT
WERE JOINED TO THE EXECUTIVE POWER, THE JUDGE WOULD
HAVE THE FORCE OF AN OPPRESSOR.”
- BARON DE MONTESQUIEU IN HIS “SPIRIT OF
THE LAWS” (1748)
PURPOSE
- THE DOCTRINE OF SEPARATION OF POWERS
IS INTENDED TO PREVENT A CONCENTRATION OF
AUTHORITY IN ONE PERSON OR GROUP OF PERSONS
THAT MIGHT LEAD TO AN IRREVERSIBLE ERROR OR
ABUSE IN ITS EXERCISE TO THE DETRIMENT OF OUR
REPUBLICAN INSTITUTIONS
- THE PRINCIPLE OF SEPARATION OF POWERS
ORDAINS THAT EACH OF THREE GREAT BRANCHES OF
GOVERNMENT HAS EXCLUSIVE COGNIZANCE OF AND
IS SUPREME IN MATTERS FALLING WITHIN ITS
CONSTITUTIONALLY ALLOCATED SPHERE.
CHECKS AND BALANCE
THE THEORY IS THAT THE ENDS OF THE
GOVERNMENT ARE BETTER ACHIEVED ONLY
THROUGH THE EXERCISE BY ITS AGENCIES OF ONLY
THE POWERS ASSIGNED TO THEM, SUBJECT TO
REVERSAL IN PROPER CASES BY THOSE
CONSTITUTIONALLY AUTHORIZED
THE PHILIPPINE GOVERNMENT HAS THREE BRANCHES
NAMELY EXECUTIVE, LEGISLATIVE AND JUDICIAL BRANCH.
EXECUTIVE IS THE BRANCH WHICH ENFORCES THE LAW,
WHILE LEGISLATIVE BRANCH MAKES, ALTERS OR REPEAL
LAWS, THE JUDICIAL BRANCH INTERPRETS THE LAWS AND
DECIDES CASES SUBMITTED BEFORE THEM.
THE THREE BRANCHES OF THE GOVERNMENT FOLLOW THE
PRINCIPLE IN POLITICAL PHILOSOPHY CALLED THE DOCTRINE
OF SEPARATION OF POWERS. THE PRINCIPLE STATES THAT
THE BRANCHES SHOULD BE KEPT DISTINCT AND
INDEPENDENT; EACH OF THEM ACTS AS A CHECK ON THE
OTHERS. IT ALSO STATES THAT ONE BRANCH SHOULD NOT
POSSESS THE ENTIRE POWER OF THE OTHER BRANCHES.
BRANCHES CAN ALSO CHECK ONE ANOTHER TO PREVENT
ABUSES AND BALANCE THE CONTROL OF POWER IN THE
GOVERNMENT. IT IS KNOWN AS THE PRINCIPLE OF CHECK
AND BALANCE.
DURING A RIOT IN THE CITY JAIL, MARIO, WHO IS CONVICTED
WITH FINALITY OF RAPE WAS ABLE TO ESCAPE HIS CELL AND
WENT TO HIS PROVINCE. A WEEK AFTER, A POLICE OFFICER
IDENTIFIED THE MAN AND IMMEDIATELY ARRESTED HIM.
MARIO ARGUES THAT HE CANNOT BE ARRESTED SINCE THE
POLICE OFFICER HAS NO WARRANT OF ARREST. IS MARIO'S
ARGUMENT TENABLE?
NO, BECAUSE HE IS A FUGITIVE
THIS ASPECT OF DUE PROCESS REFERS TO THE LAW ITSELF,
NOT MERELY THE PROCEDURE ON HOW THE LAW WILL BE
APPLIED
SUBSTANTIVE
THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS CAN BE
SUSPENDED ON THE FOLLOWING GROUNDS:
REBELLION
INVASION
JOHNNY WAS PEDDLING ILLEGAL DRUGS IN THE STREETS OF
MANILA WHEN POLICE OFFICERS SAW HIM. AFTER A CAT AND
MOUSE CHASE, JOHNNY WAS APPREHENDED. UPON HIS
ARREST, THE POLICE OFFICERS IMMEDIATELY SEARCHED HIS
BAG AND HIS POCKETS BELIEVING THAT SOME OF THE DRUGS
WERE KEPT IN IT. JOHNNY LATER ON ARGUED IN THE COURT
THAT THOUGH THE ARREST WAS VALID, THE SEARCH
CONDUCTED WAS ILLEGAL. IF YOU WERE THE LAWYER OF THE
POLICE OFFICERS, HOW CAN YOU JUSTIFY THE SEARCH
CONDUCTED?
THE SEARCH IS AN INCIDENT TO A LAWFUL ARREST
THESE ARE RIGHTS GIVEN BY A LAW MADE BY THE CONGRESS
STATUTORY RIGHTS
THE FOLLOWING ARE INCIDENTS WHEN A SEARCH CAN BE
MADE WITHOUT A WARRANT EXCEPT;
IF POLICE OFFICERS HAVE DIFFICULTY IN SECURING A
WARRANT, THEY CAN SEARCH A HOUSE OR BUILDING
IMMEDIATELY TO PREVENT A CRIME FROM BEING
COMMITTED
BROTHER DANIEL RAZON, A MINISTER OF THE
CHURCH OF GOD INTERNATIONAL AND THEIR
MEMBERS WERE DENIED BY THE GOVERNMENT TO
CONDUCT RELIGIOUS GATHERINGS ALONG WITH
FEEDING PROGRAMS . WHAT RIGHT OR FREEDOM IS
BEING VIOLATED IN THIS SCENARIO?
FREEDOM OF RELIGION
THE AUTHORITY TO SIGN A WARRANT
JUDGE
RIGHT TO VOTE IS CONSIDERED AS A POLITICAL
RIGHT
TRUE
THE POLICE OFFICERS WENT TO THE HOUSE OF
NICANOR WITHOUT A SEARCH WARRANT AND
ASKED HIS PERMISSION TO LET THEM CONDUCT A
SEARCH IN HIS HOUSE. IS THE SEARCH MADE THE
POLICE VALID IF NICANOR AGREES? WHY?
YES, BECAUSE THERE WAS WAIVER OR CONSENT
EVEN WITHOUT A WARRANT
AN ASPECT OF DUE PROCESS THAT REFERS TO THE
MANNER OR METHOD BY WHICH THE LAW IS
ENFORCED
PROCEDURAL
A PROVISION OF A LAW MADE BY CONGRESS
IDENTIFIED A SPECIFIC GROUP OF A LABOR
ASSOCIATION AS COMMUNIST REBELS. THE SAID
LAW DENIES THE RIGHT FOR BACKPAY AND MERE
MEMBERSHIP TO THE SAID GROUP IS SUBJECT FOR A
SIX MONTH IMPRISONMENT. IF YOU WERE THE
JUDGE, ON WHAT BASIS WILL YOU DECLARE THE
LAW UNCONSTITUTIONAL?
IT IS UNCONSTITUTIONAL BECAUSE IT IS A BILL
OF ATTAINDER
A PETITION OF THE WRIT OF HABEAS CORPUS WILL
HAVE THE FOLLOWING EFFECTS : (MORE THAN ONE
ANSWER)
THE JUDGE WILL ORDER THE PERSON TO
PRODUCE THE PRISONER'S BODY AT A
DESIGNATED TIME AND PLACE AND SHOW
SUFFICIENT CAUSE WHY HE IS HOLDING THE
PERSON IN DETENTION
NOT ONLY A POLICE OFFICER BUT ALSO A PRIVATE
INDIVIDUAL OR CIVILIAN CAN ARREST A PERSON IF
IN HIS PRESENCE, THE PERSON TO BE ARRESTED
HAS COMMITTED, IS ACTUALLY COMMITTING OR
ATTEMPTING TO COMMIT A CRIME
TRUE
EQUAL PROTECTION CLAUSE STATES THAT "ALL
PERSONS SUBJECT TO LEGISLATION SHOULD BE
TREATED ALIKE, UNDER SIMILAR CIRCUMSTANCES
AND CONDITIONS BOTH IN PRIVILEGES CONFERRED
AND LIABILITIES IMPOSED."
TRUE