Bill of Rights

Question 1

Requisites of substantive due process

Answer 1

1. Interests of the public in general, as distinguished from those of a particular class, which require the intervention of the state
2. The employment of means which are reasonably necessary for the accomplishment of the purpose and not unduly oppressive on individuals

Question 2

Minimum requirements for procedural due process in judicial proceedings?

Answer 2

1. There must be an impartial and competent court or tribunal clothed with judicial power to hear and determine the matter before it
2. Jurisdiction lawfully acquired over the person of the defendant or property
3. Parties must be given an opportunity to be heard
4. A proper judgment must be rendered upon lawful hearing

Question 3

Due process in school

Answer 3

1. Informed in writing of the nature and cause of accusation
2. Right to answer the charges with assistance of counsel if desired
3. Informed of the evidence against him
4. Shall have the right to adduce evidence in their own behalf
5. The evidence must be duly considered by the investigating Committee or official designated by the school authorities to hear and decide the case

Question 4

Requisites for a valid classification

Answer 4

1. It rests on substantial distinctions
2. Applies equally to all members of the same class
3. Germane to the purpose of the law
4. not limited to existing conditions only

Question 5

Requisites for the issuance of a valid search warrant and warrant of arrest?

Answer 5

1. Determination of probable cause
2. Made personally by a judge
3. Such determination was based on an examination under oath or affirmation of the complaint and the witnesses he may produce
4. The complaint and/or witnesses testified to facts within their personal knowledge and
5. The warrant issued must particularly describe the place to be searched or things to be seized

Question 6

Requisites for the personal determination of probable cause by judge in issuing a search warrant?

Answer 6

1. Judge must personally examine the complainant and the witnesses in the form of searching questions and answers
2. Examination must be under oath
3. Must be in writing
4. Complainant and witnesses must be examined on facts personally known to them
5. Judge must attach to the record the sworn statements of the complainant and the witnesses together with the affidavit submitted

Question 7

What is hot pursuit?

Answer 7

When an offense has just been committed and the arrestor has probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested has committed the crime or offense

Question 8

What are the three strands to right to privacy?

Answer 8

1. Locational or situational
2. Informational
3. Decisional

Question 9

What is the sub judice rule?

Answer 9

It is the restriction of comments and disclosures pertaining to judicial proceedings to avoid prejudging the issue, influencing the court, or obstructing the administration of justice

Question 10

What is the Lemon test to determine if a challenged policy passes the establishment clause?

Answer 10

1. Statute has secular legislative purpose
2. Principal or primary effect is one that neither advances nor inhibits religion
3. Does not foster excessive entanglement with government and religion

Question 11

Scope of right to information

Answer 11

1. Matters of public concern as well as government research data used as basis for policy development
2. Corollary right to access to official records and documents

Question 12

Limitations to right to information

Answer 12

1. Covered by executive privilege
2. Relating to National Security, Defense, or International Relations
3. Concerning Law enforcement and protection of public and personal safety
4. Information deemed confidential for the protection of the privacy of persons and certain individuals
5. Known by reason of official capacity and are deemed as confidential including those submitted or disclosed by entities to government agencies, tribunals board or officers
6. Prejudicial premature disclosure
7. Records of proceedings or information from proceedings which are treated as confidential

Question 13

Elements of criminal due process

Answer 13

1. Accused has been heard in a court of competent jurisdiction
2. Accused is proceeded against under the orderly processes of law
3. Accused has been given notice and opportunity to be heard
4. Judgment rendered was within the authority of a constitutional law

Question 14

What is bail?

Answer 14

Bail is 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.

Question 15

When is bail a matter of right?

Answer 15

1. Criminal cases before the MTC
2. Prior to conviction by the RTC or any offense not punishable by death, reclusion perpetua, or life imprisonment
3. Prior to conviction by the RTC for an offense punishable by death, reclusion perpetua, or life imprisonment when the evidence of guilt is not strong

Question 16

When is bail a matter of discretion?

Answer 16

Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment

Question 17

When is bail cancelled?

Answer 17

1. Surrender of accused
2. Proof of his death

Question 18

When shall bail be denied?

Answer 18

1. Before conviction by the RTC of an offense punishable by death, reclusion perpetua, or life imprisonment and evidence of guilt is strong
2. After conviction by the RTC of an offense punishable by death, reclusion perpetua or life imprisonment
3. After conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment and the presence of bail denying circumstances

Question 19

What is the quantum of evidence employed in granting bail to extradition cases?

Answer 19

Clear and convincing evidence

Question 20

What are the rights to counsel of a defendant before arraignment?

Answer 20

The court must:
1. Inform the defendant that it is his right to have an attorney
2. Ask him if he desires the aid of an attorney
3. Assign him an attorney de officio
4. Grant him a reasonable time to get an attorney of his own

Question 21

Is the right to confrontation available to the accused during preliminary investigation?

Answer 21

No. An accused is not entitled as a matter of right to be present during the preliminary examination nor to cross-examine the witnesses presented against him before his arrest. Preliminary investigation is generally ex parte

Question 22

What is transactional immunity?

Answer 22

It is a broader immunity. The witness can no longer be prosecuted for any offense whatsoever arising out of the act or transaction.

Question 23

What is use and derivative use immunity?

Answer 23

A witness is assured that his or her particular testimony and evidence derived from it will not be used against him or her in a subsequent prosecution

Question 24

What is a bill of attainder?

Answer 24

It is a legislative act that inflicts punishment without trial. It effects the imposition of a penalty not by judicial trial but by legislative fiat.

Question 25

What are the elements of a bill of attainder?

Answer 25

1. A law
2. Imposes a penal burden on a named individual or easily ascertainable members of a group
3. There is a direct imposition of penal burden without judicial trial

Question 26

What is the writ of habeas data?

Answer 26

It is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting, or storing of data or information regarding the person, family, home, and correspondence of the aggrieved party

Question 27

What is a writ of amparo?

Answer 27

It is a remedy available to any person whose right to life, liberty, and security is violated or threatened with a violation of an unlawful act or omission of a public official or employee, or of a private individual or entity. it shall include enforced disappearances and extralegal killings and threats thereof.

Question 28

What is a writ of habeas corpus?

Answer 28

A writ issued by a court directed to a person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his captivitiy and detention to do, to submit to and receive whatever the court or judge awarding the writ shall consider in his behalf.

Question 29

International laws that justify foundlings being Filipino citizens

Answer 29

1. Universal Declaration of Human Rights
2. UN Convention on the Rights of the Child
3. International Covenant on Civil and Political Rights
4. 1930 hague Convention on Certain Questions relating to Conflicts of nationality laws
5. 1961 UN Convention on the Reduction of statelessness

Question 30

What makes a public officer different from a public employee?

Answer 30

A public officer is delegated some of the sovereign functions of the government to be exercised by him for the benefit of the public

Question 31

Can a candidate who lost in an election within one year be appointed to any office in the government?

Answer 31

No

Question 32

Can an elective official be eligible for appointment or designation in any capacity to public office during his tenure?

Answer 32

No

Question 33

Can an appointive official hold any other position in the government?

Answer 33

No, unless otherwise allowed by law or his primary functions.

Question 34

Can the president, VP, members of the cabinet and their deputies or assistants hold any other office or employment during their tenure?

Answer 34

Absolutely not

Question 35

What are the members of congress not allowed to do wrt other office or employment?

Answer 35

They may not hold any other office or employment in the government during his term without forfeiting his seat. Also not allowed to be appointed to any office which may have been created or emoluments increased during his term.

Question 36

What are judges not allowed to do wrt their designations?

Answer 36

They are not allowed to be designated to any agency performing quasi-judicial or administrative function, except tribunals

Question 37

May a member of the Consti Comms and the ombudsman hold any other office or employment?

Answer 37

No

Question 38

When are the Ombudsman and his deputies allowed to run for office after their term?

Answer 38

The elections after the next.

Question 39

Who are disqualified from running for any elective local positions?

Answer 39

1. Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by 1 year or more of imprisonment, within 2 years after serving sentence
2. Those removed from office as a result of an administrative case
3. those convicted by final judgment for violating oath of allegiance to the republic
4. Dual allegiance
5. Fugitives from justice in criminal or nonpolitical cases here or abroad
6. Permanent residents of foreign country
7. Insane or feebleminded