HR MID

• 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
• Search and Arrest warrant

  Only the Judges of the Court has the sole authority to issue
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  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


  • Civil Rights
  • Political Rights
  • Social Rights
  • Economic Rights
• Classification of Human rights

  • Natural
  • Statutory
  • Constitutional
• 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 is vested with authority to sign and issue warrants

  Judge is vested with authority to sign and issuested with authority to sign and issue
• Prior Restraints


  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 prohibits the direct support of institutional religion
• Free-Exercise Clause prohibits the State from forcing a person to choose his/her religion
• Liberty of abode and of changing the same

  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 reasons as may be provided by law
• RA. 11216 is an Act Increasing the Maternity Leave Period to 105 Days for Female Workers With an Option to Extend for an Additional 30 Days Without Pay, and Granting an Additional 15 Days for Solo Mothers, and for Other Purposes
• RA. 8187 is an act granting Paternity Leave of 7 days with full pay to all married male employees in the private and public sectors for the first 4 deliveries of the legitimate spouse with whom he is cohabiting and for other purposes
• Under the new Maternity Leave Law, the transfer of 7 days leave to father or in the absence of the father to caregiver is ALLOWED
• The maternity leave can be avail even if the woman is not married
• The transfer of 7 days maternity leave can be allowed to the partner of a women under homosexual relationship (Lesbian relationship)
• Under the new Maternity Leave Law, the extension of 30 days leave aside from 105 days is allowed
• The 30 days extension of maternity leave is Compensated/Paid
• RA. 8972 is an act providing for benefits and privileges to solo parents and their children, appropriating funds therefor and for other purposes
• Private Property


  Shall not be taken for PUBLIC USE without JUST COMPENSATION
• Private Company

  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 ATTORNY OFFICE
• IBP Stands for INTEGRATED BAR OF THE PHILIPINES
• Rights of a Person under Investigation

  • RIGHTS TO COUNCEL
  • REMAIN SILENT
  • INFORMED OF SUCH RIGHTS
• Prohibitions on the Rights of a person under custodial investigation

  • SECRET DETENTION PLACES
  • SOLIDITARY
  • INCOMUNICADOS DETENTION
• Self Incrimination


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


  A 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
• 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


  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
• Forms of Bail


  • Corporate surety
  • Property bond
  • Cash bond
  • Recognizance
• Bail


  Used to relieve an accused from imprisonment until his conviction or acquittal and to secure his appearance at the trial
• Bond


  Intended to obtain or secure one's provisional liberty, thus, it cannot be posted before custody over him has been acquired by the court
• No bail is allowed when the charge with offenses punishable by reclusion perpetual when the evidence of guilt is strong