Lesson 1

Cards (70)

  • Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
  • A warrant is a piece of paper signed by a judge giving law enforcement officers permission to enter a home or other building to do a search or make an arrest.
  • A search warrant allows law enforcement officers to enter the place described in the warrant to look for and take items identified in the warrant.
  • An arrest warrant allows law enforcement officers to take a person into custody with the person being informed
  • Section 2. 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.
  • Section 3. 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: Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
  • If the crime is caught in the act the person can be arrested without a warrant
  • If the person is not in the right mind the person can avoid going to jail
  • Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
  • libel is a published false statement that is damaging to a person's reputation; a written defamation. (paninirang puri)
  • Freedom of speech is the right of a person to articulate opinions and ideas without interference or retaliation from the government. 
  • Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.
  • Persona non grata - a person who is not wanted or welcome in a particular country, because they are unacceptable to its government
  • liberty to abode - liberty under the clause includes the right to choose one's residence, to leave it whenever he pleases, and to travel whatever he wills
  • Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.
  • Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.
  • A Statement of Assets, Liabilities, and Net Worth (SALN) is an annual document that all de jure government workers in the Philippines, whether regular or temporary, must complete and submit attesting under oath to their total assets and liabilities, including businesses and financial interests, that make up their net worth
  • Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.
  • Section 9. Private property shall not be taken for public use without just compensation.
  • Section 10. No law impairing the obligation of contracts shall be passed.
  • Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.
  • Section 12. (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.
  • Section 12 (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.
  • A "Miranda warning" refers to the warnings that a police officer is required to give to a detainee based on constitutional requirements. “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. "
  • Miranda warnings were established due to a U.S. Supreme Court case decision. The case, entitled Miranda v. Arizona, involved a man who was arrested for armed robbery at a bank. The man signed a written confession to the robbery, in addition to the kidnap and rape of a woman a week before the robbery.
  • Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
  • Reclusión Perpetua is imposed for crimes punishable under the Revised Penal Code
  • life imprisonment refers to offenses punishable under Special Laws.
  • Penal code - set of documents, the legal code governing crimes and their punishment.
  • bail -  the money or bond put up to secure the release of a person who has been charged with a crime.
  • habeas corpus - a legal order that states that a person in prison must appear before and be judged by a court of law before he or she can be forced by law to stay in prison
  • A unitary government is a system that has a strong central government that controls what subnational governments do. A single central entity holds all power and authority.
  • Section 14. (1) No person shall be held to answer for a criminal offense without due process of law. 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.
  • Section 14. (3) 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.
  • Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.
  • Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.
  • Section 17. No person shall be compelled to be a witness against himself.
  • Section 18. (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.
  • Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the 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.
  • Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.