Bill Of Rights Flashcards
How is the Bill of Rights defined?
To whom can it be invoked against?
The Bill of Rights sets forth the fundamental civil and political rights of the individual, and imposes limitations on the powers of the government as a means of securing the enjoyment of those rights.
The Bill of Rights can only be invoked against the government.
What is the difference between a civil right and a political right? Give examples to each of the the rights.
Under Simon v. Commission on Human Rights, civil rights are those rights that belongs to every citizen of the country and are not connected with the organization or administration of government, while political rights are those rights that pertains to the right of a citizen to participate, either directly or indirectly, to the establishment or administration of the government.
Examples of civil rights are the right to marry, right to property, or the equal protection of the laws. Examples of political rights are the right to suffrage, and the right to hold public office.
What is Section 1, Article III of the 1987 Constitution?
Discuss each of them briefly.
It provides that no person shall be deprived of life, liberty or property without due process of laws, nor shall any person be denied the equal protection of the laws.
Due process of law requires that legal matters be resolved according to the established rules and principles, and that individuals be treated fairly.
Equal protection of the laws requires that the law be enforced and applied equally. Even if the law is fair and impartial, it will still violate the equal protection of the laws if it is administered with an evil eye and uneven hand, so as to unjustly prejudice or benefit others.
To whom does due process of laws and the equal protection of the laws be applied?
Under the ruling of Villegas v. Hiu Chiong, the shelter of the due process of laws and the equal protection of the laws is given to all persons, both aliens and citizens.
What is substantive due process? What are its requisites?
It is a restriction on the government’s law and rule making powers. It inquires whether the government has sufficient justification for depriving a person’s life, liberty, or property.
Its requirements is that it is in furtherance of the interest of the public, and the means employed is reasonably necessary for the accomplishment of the purpose, and not duly oppressive on individuals.
What is procedural due process?
Give examples of these procedural due process.
Procedural due process is the procedures that the government must follow before it deprives the life, liberty, or property of a person.
In the case of Rivera v. Civil Service Commission, it is ruled that in order for a review of the decision of a subordinate officer to be valid, the reviewing officer must be other than the officer whose decision is under review.
In Assistant Executive Secretary v. Court of Appeals, a petitioner who was not informed or notified of any judicial decisions cannot validly claim that they were denied due process when they have filed a motion for reconsideration regarding the judicial decision and such motion was acted upon even if the decision is not in favor of them. In other words, the petitioners have already been heard, curing the defect.
What is the rule regarding due process in school proceedings?
In Guzman v. National University, educational institutions have the power to adopt and enforce rules that is necessary for its management, and this may include governing student discipline. However, this still requires the observance of the procedural due process.
It is a given rule that the equal protection of laws is not violated by a legislation based on reasonable classification. What are its requirements?
Under People v. Cayat, the requirements for there to be a valid classification are the following:
(1) It must rest on substantial distinctions
(2) Must be germane to the purposes of the law
(3) Must not be limited to existing conditions only
(4) Must apply equally to all members of the same class
What is Section II, Article III of the 1987 Constitution is all about?
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 be issued except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complaint and the witnesses he may produce, and particularly describing the place to be searched, and the persons or things to be seized.
Basically, it is the right of the people against unlawful arrest and unreasonable searches and seizures.
Enumerate the requirements for there to be a valid warrant.
The requirements for there to be a valid warrant are:
(1) Probable cause
(2) Determination by a judge
(3) Personal examination
(4) Particularity of description
The first requirement for there to be a valid warrant is that there must be probable cause. Briefly discuss this requirement.
What is the difference between probable cause for a search warrant and probable cause for a warrant of arrest?
In the case of Microsoft Corporation v. Maxicorp, probable cause means “such reasons supported by facts and circumstances that will warrant a cautious man in the belief that his action and the means taken in prosecuting it are legally just and proper”.
In the same case, probable cause for a search warrant requires such facts and circumstances that would lead a reasonably prudent man to believe that an offense has been committed and the objects sought in connection with that offense are in the place to be searched.
Probable cause for a warrant of arrest requires such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested.
The second requirement for there to be a valid warrant is that it must be determined by the judge. Briefly discuss this requirement.
This requirement basically states that a judge (of all levels, like from the RTC, Court of Appeals, or Supreme Court) will determine whether there is probable cause in issue the warrant.
The third requirement for there to be a valid warrant of arrest is personal examination. Explain this particular requirement.
Under this requirement, the judge must personally examine in the form of searching questions and answers, in writing and under oath the complainant and any witnesses he may produce on facts personally known to them and attach to the record their sworn statements together with any affidavits submitted.
The fourth requirement for there to be a valid warrant is that the description must be particular. Discuss this requirement briefly.
Is a John Doe warrant valid?
What is the rule on the particularity of description with regards to things to be seized?
Under this requirement, the Constitution requires that the place to be searched or the persons or things to be seized be described with such particularity as to enable the person serving the warrant to identify them.
Generally, a John Doe warrant is invalid because the person to be arrested must be particularly described, but but it will satisfy the constitutional requirement if there is some descriptio personae that will enable the officer to identify the accused.
On the particularity of description with regards to things to be seized, the description therein is as specific as the circumstances will ordinarily allow or when the description expresses a conclusion of fact, not of law, by which the warrant officer may be guided in making the search and seizure.
What are the allowable warrantless searches? Briefly discuss each instances.
The allowable warrantless searches are:
(1) Warrantless searches incidental to a lawful arrest - The arrest has a warrant, accused may be frisked.
(2) Seizure of evidence in plain view - Prohibited articles inadvertently encountered by the officer can be seized.
(3) Search of vessels and aircraft - Allowed because vessels and aircraft can be quickly moved out of the locality
(4) Search of a moving vehicle - Allowed because vehicles can be quickly moved out of the locality or jurisdiction
(5) Customs search
(6) Stop and frisk - Only a limited search on the outer clothing, the officer noticed unusual conduct on a person, and has reasonable belief that a criminal activity will happen.
(7) Exigent and emergency circumstances
(8) Searches of passengers at airports
(9) Waiver - The person arrested waives his right not to be searched, provided that he knew of such right and decides not to invoke it.
