midterm

• Substantive Due Process


  The law itself must be fair, reasonable and just
• Procedural Due Process


  A procedure which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial
• Privacy of

  • Communication
  • Correspondence
• 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.
• Due Process of Law


  If a person is deprived of life, liberty, or property by the State, it must be done only under the authority of a valid law and after compliance with the regular methods of procedure prescribed by the law
• Constitutional rights


  • Political rights
  • Civil rights
  • Social and economic rights
  • Rights of the accused
• Classification of Human rights

  • Natural Rights
  • Constitutional Rights
  • Statutory Rights
• Bill of Rights


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


  Rights that are promulgated by laws through law-making bodies and may be abolished by the same body
• Judge


  The person vested with authority to sign and issue search warrant
• Prior Restraint


  The actual and official governmental restrictions of the press and other forms of expression in advance actual prohibition or dissemination
• Non-Establishment Clause


  State may not establish or sponsor a religion
• Free exercise Clause


  State can't prohibit a person from choosing his/her religion
• Non-establishment Clause


  Prohibition on direct and indirect aid if the support means preference of one religion to the other
• Free Exercise Clause


  State can't force a person from choosing his/her religion
• Non-establishment Clause


  Prohibits the direct support of institutional religion
• Interests that can impair the liberty of abode and of changing the same within the limits prescribed by law

  • National security
  • Public safety
  • Public health
• 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.
• RA no. 11210 - An Act Increasing the Maternity Leave Period to One Hundred Five (105) Days for Female Workers With an Option to Extend for an Additional Thirty (30) Days Without Pay, and Granting an Additional Fifteen (15) Days for Solo Mothers, and for Other Purposes
• RA no. 8187: Paternity Leave act of 1996 - AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULL PAY TO ALL MARRIED MALE EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS FOR THE FIRST FOUR (4) DELIVERIES OF THE LEGITIMATE SPOUSE WITH WHOM HE IS COHABITING AND FOR OTHER PURPOSES
• RA no. 8972 - AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.
• Conditions for taking private property

  • Private property
  • Public use
  • Just compensation
• Private property shall not be taken for public use without just compensation.
• Private Sector


  Term use for any Private Corporation or Entity that give or offer its services to the public
• Impairment of Contract


  When a law changes the terms of legal contract between parties either in time or mode of performance, or imposes new conditions, or dispenses with those expressed, or authorizes for its satisfaction something different from that provided in its terms.
• PAO Stands for Public Attorney's Office
• IBP Stands for Integrated Bar of the Philippines
• Rights of a Person under Investigation


  • Informed of his rights
  • Not be held without due process of law
  • Free access to court
• Prohibitions on the Rights of a person under custodial investigation

  • Presumption of Innocence
  • Right to be heard: Right to be present at trial, right to counsel, right to an impartial judge, right to confrontation, right to compulsory process to secure the attendance of witness
• Self-Incrimination


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


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


  An act, declaration or omission of party as to a relevant fact
• Your rights when questioned

  • Remain silent
  • Consult an attorney
  • Knowing
  • Understanding
• Bail


  The security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified
• Bail


  It is awarded to the accused to honor the presumption of innocence until his guilt is proven beyond reasonable doubt, and to enable him to prepare his defense without being subject to punishment prior to conviction
• Bail


  It may be given in the form of corporate surety, property bond, cash bond, or recognizance
• Bail


  To relieve an accused from imprisonment until his conviction or acquittal and to secure his appearance at the trial
• Bail is intended to obtain or secure one's provisional liberty, thus, it cannot be posted before custody over him has been acquired by the court.
• When bail is a matter of right

  • Before or after conviction by the MTC, Municipal Trial Court, MCTC
  • Before conviction by the RTC of an offense not punishable by death/reclusion perpetua
• When bail is a matter of discretion


  • Penalty exceeds 6 years, but not more than 20 years
  • A recidivist, quasi-recidivist, habitual delinquent or crime aggravated by circumstance of reiteration
  • Previously escaped from legal confinement, evaded sentence, or violated conditions of his bail without valid justification
  • Committed an offense while probation, parole, or conditional pardon
  • His case indicates the probability of flight if released on bail
  • Undue risk that he may commit another crime