1st exam Flashcards

1
Q

It protects every individual from the arbitrary exercise of police power

A

purpose of first generation

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2
Q

inherent power of the state to promote public welfare by restraining or regulating the rights of individual

A

Police power

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3
Q

What are the different public welfare

A
  1. Public health
  2. Public Safety
  3. Public Order
  4. General welfare of the public
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4
Q

Three inherent power of the state

A
  1. Police power
  2. Power of eminent domain
  3. Power of taxation
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5
Q

Two kinds of person

A
  1. Natural person- biologically created and have dignity
  2. Juridical person- persons only by operation of law (50yrs renewal)
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6
Q

Process of taking property for public use

A

Expropriation

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7
Q

Section and article that created the CHR

A

Section 17, Article XIII

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8
Q

Section that provides the power of CHR

A

Section 18, Article XIII

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9
Q

This generation of rights include the right to work, education, economic benefits

A

2nd Generation

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10
Q

Rights intended to benefit individuals or group and its realization will need global cooperation based on international solidarity

A

3rd Generation

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11
Q

Characteristics that means ‘you have it the moment you born

A

Inherent

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12
Q

Characteristics that means ‘beyond the commerce of man’ or ‘rights cannot be sell or donate’

A

Inalienable

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13
Q

Characteristics that means ‘can be applied to all regardless of nationality, ethnicity, gender or any other status’

A

Universal

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14
Q

Characteristics of Human Rights

A
  1. Inherent
  2. Inalienable
  3. Universal
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15
Q

4 components of human rights

A
  1. Right Holder
  2. Duty holder
  3. Object
  4. Implementation
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16
Q

Individuals, persons, groups of persons entitled to human rights. They are the ones who can take legal action in cases of violation of these rights. Refers only to Natural person

A

Right holder

17
Q

These are entities that have the obligation to respect,promote, and protect human rights. E.g. State

A

Duty holder

18
Q

Content of any given rights, it is the substantive law that recognizes your rights

19
Q

Measures and methods taken by the duty holder to respect, promote and protect human rights

A

Implementation

20
Q

2 kinds of law

A
  1. Domestic law
  2. International law
21
Q

All laws that are made by the legislative dept or municipal ordinances (has penalty and sanctions)

A

Domestic law

22
Q

Not a law but rather a treaty or international agreements (no penalty imposed)

A

International law

23
Q

Sources of human rights

A
  • 1897 - Biak na bato
  • 1899 - Malolos
  • 1935- Commonwealth
  • 1943- during Japanese
  • 1973- Authoritarianism “martial law”
  • 1986- Freedom Consti
  • 1987-
24
Q

Constitution that established PH as a sovereign state

A

1897 Constitution “Biak na Bato”

25
Constitution that first embodied HR provisions. ' The Filipinos and their national and individual rights'
1899 Constitution 'Malolos'
26
Constitution that provided civil and political rights and 'Bill of rights'
1935 Constitution
27
Defies the rights of the citizen
1943 Constitution
28
embodied first and second gen rights
1987 Constitution