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Soc 116 > BIR > Flashcards

BIR Flashcards

1
Q

considered most pervasive,
the least limitable, and the most demanding
of the three powers. It may be exercised as
long as the activity or property sought to be
regulated has some relevance to public
welfare (Gerochi v. DOE, GR 159796, July 17,
2007).

A

POLICE POWER

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2
Q

It enables it to prohibit all that is
hurtful to the comfort, safety, and welfare of
society (Ermita-Malate Hotel and Motel
Operators Association Inc. v. Mayor of Manila,
GR No. L-24693, July 31, 1967)

A

POLICE POWER

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3
Q

The power to
forcibly take private property for public use
upon the payment of just compensation
(SUAREZ,, supra at 125)

A

POWER OF EMINENT DOMAIN OR

EXPROPRIATION POWER -

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4
Q

the power by which the
sovereign, through its law-making body,
raises revenue to defray the necessary
expenses of government. It is a way of
apportioning the costs of government among
those who in some measure are privileged to enjoy its benefits and must bear its burden
(51 Am.Jur.34)

A

TAXATION POWER

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5
Q

This has been their project since liberalism
began as a reaction against two features of
medieval society in Europe

A

: religious

conformity and ascribed status.

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6
Q 
All individuals are equal. Everyone has a
natural right to be free, and no one has
the right to rule another without that
person’s consent. However suggested a
distinctly illiberal conclusion that people,
for the sake of their security, must
voluntarily grant absolute power over
themselves to a sovereign ruler (The
Leviathan).
A

Thomas Hobbes’s Leviathan (1651) -

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7
Q 
He defended
the right of the people to overthrow any
government that does not protect their
natural rights to life, liberty, and
property. The arguments he advanced—
the natural equality of men, natural
rights, government founded on the
consent of the governed—rule of the
people.
A

John Locke (1632–1704)

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8
Q 
cemented the Social Contract
outlines how a government could exist in
such a way that it protects the equality
and character of its citizens. Rousseau
pointed in the book, “Man was/is born
free; and everywhere he is in chains.”
(Social Contract, Vol. IV, p. 131). But
unlike the first two Discourses, the Social
Contract looks forward, and explores the
potential for moving from the specious
social contract to a legitimate one.
Developed the concept of a Constitution
(as the Social Contract) and prevalence of
rule of law
A

Jean Jacques Rosseau’s Social Contract

1762

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9
Q

It is the set of prescriptions
setting forth the fundamental civil and political rights
of the individual, and imposing limitations on the
powers of government as a means of securing the
enjoyment of these rights.
It can be invoked in the absence of governmental
interference

A

BILL OF RIGHTS

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10
Q

JUSTIFICATION OF POLICE POWER

A

Salus populi est suprema lex

Sic utere tuo ut alienum non laedas

Dura Lex, Sed Lex

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11
Q

the will of the

people is the supreme law

A

Salus populi est suprema lex

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12
Q

use
your property so as not to injure the property
rights of others

A

Sic utere tuo ut alienum non laedas

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13
Q

the law may be harsh,

but it is the law

A

Dura Lex, Sed Lex

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14
Q

ASPECTS OF POLICE POWER

A
  • Public Health
  • Public moral
  • Public safety
  • Public welfare
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15
Q

TESTS OF LIMITING POLICE POWER

A
  • Lawful subject

* Lawful means

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16
Q

The means employed are
reasonably necessary and not unduly
oppressive upon individuals

A

• Lawful means

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17
Q

The interests of the public
generally, as distinguished from those of a
particular class, require the exercise of the
police power

A

• Lawful subject

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18
Q

LIMITING EMINENT DOMAIN

JUSTIFICATION

A

Necessity of the property for public use (American

Print Works v. Lawrence, 23 N.J.L. 590)

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19
Q

CONDITIONS OF VALID EMINENT DOMAIN

A
  • Taking of Private Property
  • For public use
  • Just compensation
  • Observance of due process
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20
Q

CONDITIONS ON VALID TAXES

A 
• Enforced proportional contributions from
person and property
• Levied by the State by virtue of its
sovereignty
• For the support of the government
• For public needs
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21
Q

INHERENT LIMITATIONS

A
  • Public Purpose
  • Non-delegability of power
  • Territoriality or suits of taxation
  • Exemption of government from taxation
  • International comity
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22
Q

– a tax
that takes larger percentage of income from highincome
groups than from low-incomes groups
(Progressive). In other cases, same percentage of
incomes from all income groups (Proportional). A
mixed system in the Philippines.

A

PROGRESSIVE-PROPORTIONAL TAXATION

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23
Q

HIERARCHY OF LAWS

A
  1. Constitution (Mother of all laws)
  2. Statutes (laws made by the Congress)
  3. Implementing Rules and Regulations
    (guidelines made by the Implementing
    agency – Executive Branch or the Cabinet)
  4. Jurisprudence (decisions by the court)
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24
Q

THREE FUNDAMENTAL RIGHTS (arranged by

Hierarchy)

A
  • Right to Life
  • Right to Liberty
  • Right to Property
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25
Q

DUE PROCESS OF LAW

A

• There shall be a law prescribed in harmony
with the general powers of the legislature
• That it shall be reasonable in its operation
• That it shall be enforced according to the
regular methos of procedure prescribed
• That it shall be applicable alike to all citizens
of the State or to all of class

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26
Q

ASPECTS OF DUE PROCESS

A
  • SUBSTANTIVE DUE PROCESS

* PROCEDURAL DUE PROCESS

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27
Q 
Serves as
a restriction on actions of the judicial and
quasi-judicial agencies of the government.
Impartial court or tribunal clothed with
judicial power to hear and determine the
matters before it. Jurisdiction properly
acquired over the person of the defendant
and over property which is the subject
matter of the proceeding. Opportunity to
be heard. Judgement rendered upon
lawful hearing and based on evidence
adduced
A

• PROCEDURAL DUE PROCESS

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28
Q 
- This
serves as a restriction on the
government’s law an rule-making powers.
The interests of the public in general, as
distinguished from those of a particular
class, require the intervention of the state.
The means employed are reasonably
necessary for the accomplishment of the
purpose and not unduly oppressive upon
individuals
A

SUBSTANTIVE DUE PROCESs

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29
Q

– interpretation of the
law should be equal to everyone or Jurisprudence
(law-like nature of all court decisions that should be
basis to future court decisions)

A

EQUAL

PROTECTION OF THE LAW

30
Q

It means that
all persons of things similarly situated should be
treated alike, both as to rights conferred and
responsibilities imposed.

A

EQUAL PROTECTION OF THE LAW

31
Q

EXCEPTION:

For Arrest:

A

In Flagrante Delicto (caught on-the-spot)
• Hot Pursuit (chase after being caught)
• Escaped Prisoner or Detainee (Escaped
under legal custody)

32
Q

For Search Warrant:

A

• Visual search is made of moving vehicle at
checkpoints

  • Search is an incident to valid arrest
  • Search of passengers made in airports

• When things seized are within plain view
of a searching party

  • Stop and frisk (during arrest)
  • When such is waived (e.g. mall checks)
33
Q

WARRANT REQUIREMENT

A

• There should be a search warrant of warrant
of arrest

• Probable cause supported the issuance of
such warrant

• Such probable cause had been determined by
a judge

• Judge personally examined the complainant
and his witnesses

• The warrant must particularly describe the
place to be search and the persons or things
to be seized

34
Q

Such facts and circumstances
antecedent t the issuance of a warrant that in
themselves are sufficient to induce of a warrant that
in themselves are sufficient to induce a cautious man
to rely on them and act in pursuance thereof.

A

PROBABLE CAUSE

35
Q

E – any evidence illegally
obtained, in violation of the Right to Privacy, should
be inadmissible as evidence

A

FRUIT OF POISONOUS TREE

36
Q

FREEDOM OF EXPRESSION

CONCEPTS WITHIN FREEDOM OF EXPRESSION

A
  • Freedom of Speech
  • Freedom of the Press

• Right of Assembly and to petition the
government for redress of grievances

• Right to form associations or societies not
contrary to law

• Freedom of religion

• Right to access to information on matters
public concern

37
Q

LIMITS OF FREEDOM OF EXPRESSION

A

• It should be exercised within the bounds of
laws enacted for the promotion of social
interests and the protection other equally
important individual rights

• Laws against obscenity, libel and slander

• Right to state/government to be protected
from seditious attacks

  • Legislative immunities
  • Fraudulent matters
  • Advocacy of imminent lawless conducts
  • Fighting words

• Guarantee implies only the right to reach a
willing audience but not the right to compel
others to listen, see or read

38
Q

– The
danger created must not only be clear and
present but also traceable

A

Clear-and-Present Danger Test

39
Q

– Nature of
the circumstances under which the speech is uttered, tough the speech per se
not be dangerous

A

Dangerous Tendency Test

40
Q

Whether the gravity of the evil discounted
by its improbability, justifies such an
invasion of free speech as is necessary to
avoid the danger

A

• Grave-but-improbable Danger Test

41
Q

When
speech is in conflict with National
Security

A

Balancing of interest Test

42
Q

t – applies to a speech which
has “non-speech” elements yet creates
Danger or in imbalance with National
Securit

A

• O’Brien Test

43
Q

Non-establishment clause.
Free exercise clause, or the freedom of religious
profession and worship

A

FREEDOM OF RELIGION

44
Q

Freedom to chose and change
one’s place of abode. The liberty of abode may be
impaired only upon lawful order of the court and
within the limits prescribed by law.

A

LIBERTY TO ABODE

45
Q

Freedom to travel within the

country and outside

A

Freedom to travel within the

country and outside

46
Q

This covers the information on matters
of public concern. It pertains to access to official acts,
transactions or decisions, as well as to government
research data used as basis of policy development

A

RIGHT TO INFORMATION AND ACCESS TO PUBLIC

RECORDS -

47
Q

The right to unionize
is an economic and labor right while the right to
association in general if civil-political right. Freedom
of association includes the freedom not to associate,
or, if one is already a member, to disaffiliate from the
association.

A

FREEDOM TO ASSOCIATION -

48
Q

Valid
contracts should be respected by the legislature and
not tampered with by subsequent laws that will
change the intention of the parties or modify their
rights and obligations. The will of the parties to a
contract must prevail

A

NON-IMPAIRMENT OF VALID CONTRACTS

49
Q

A person thought to be guilty to be guilty

of a crime. No Probable Cause yet

A

SUSPECT

50
Q

an inquiry or
proceeding to determine whether there is sufficient
ground to engender a well-founded belief that a
6
crime has been committed and the respondent
(suspect) is probably guilty.

A

PRELIMINARY INVESTIGATION

51
Q

RIGHTS AND LIMITATIONS OF PERSONS IN

PRELIMINARY INVESTIGATION

A
  1. He cannot cross‐examine
  2. No right to counsel except when confession is
    being obtained
  3. He cannot file complaint or information
    without authority
  4. Right to be present not absolute
  5. No dismissal without approval
  6. Right to discovery proceedings
52
Q

– Rights that should be said
during presentation of warrant of arrest. Applied to
persons under custodial investigation

A

MIRANDA RIGHTS –

53
Q

MIRANDA RIGHTS –

A
  1. Right to remain silent
  2. Right to competent and independent counsel,
    preferably of his own choice
  3. Right to be reminded that if he cannot afford
    the services of counsel, he would be provided
    with one
  4. Right to be informed of his rights
  5. Right against torture, force, violence, threat,
    intimidation or any other means which vitiate
    the free will
  6. Right against secret detention places, solitary,
    incommunicado, or similar forms of detention
  7. Right to have confessions or admissions
    obtained in violation of these rights
    considered inadmissible in evidence
    (Miranda v Arizona, 384 US 436, 1966)
54
Q

– a person or group of
people who are charged with or on a trial for a crime.
With probable cause.

A

ACCUSED (DEFENDANT

55
Q

RIGHTS OF THE ACCUSED

A
  1. Due process
  2. Be presumed innocent
  3. Be heard by himself and counsel
  4. Be informed of the nature and cause of the
    accusation against him
  5. A speedy, impartial and public trial
  6. Meet the witnesses face to face
  7. Have compulsory process to secure the
    attendance of witnesses and production of
    evidence on his behalf
  8. Against double jeopardy
  9. Bail
56
Q

CRIMINAL DUE PROCESS

A

• Accused is heard by a court of competent
jurisdiction

• Accused is proceeded against under the
orderly processes of law

• Accused is given notice and opportunity
to be heard

• Judgment rendered was within the
authority of a constitutional law

57
Q

FIVE PILLARS OF CRIMINAL JUSTICE SYSTEM IN

THE PHILIPPINES

A
  1. THE COMMUNITY (where law enforcers
    came from)
  2. THE LAW ENFORCEMENT (Police,
    Traffic enforcers, NBI Agents, PDEA
    Agents, COA Auditors, Ombudsman)
  3. THE PROSECUTION (Prosecutors: the
    lawyers which pushes for the case)
  4. THE COURTS (the Judicial Courts)
  5. THE CORRECTIONS (Jails)
58
Q
  • It is the security given for the
    release of a person in custody of law, furnished by
    him or a bondsman, conditioned upon his appearance
    before any court as required.
A

RIGHT TO BAIL

59
Q

is a writ directed to the
person detaining another, commanding him to
produce the body of the detainee at a designated time
and place, and to show the cause of his detention.

A

WRIT OF HABEAS CORPUS

60
Q

: It
is the right to have an immediate determination of
the legality of the deprivation of physical liberty.

A

PRIVILEGE OF THE WRIT OF HABEAS CORPUS:

61
Q
  • It is a remedy available to any
    person whose right to life, liberty, and security has
    been violated or is threatened with violation by an

unlawful act or omission of a public official or
employee, or of a private individual or entity. The
writ covers extralegal killings and enforced
disappearance.

A

WRIT OF AMPARO

62
Q
  • It may be
    claimed not only by the accused but also by any
    witness to whom a question calling for an
    incriminating answer is addressed.
A

RIGHT AGAINST SELF-INCRIMINATION -

63
Q

It is
the condition where one is compelled by force,
coercion, or imprisonment, and against his will, to
labor for another, whether he is paid or not.

A

RIGHT AGAINST INVOLUNTARY SERVITUDE

64
Q
  • any civil obligation arising from contract
A

DEBT

65
Q

exception for RIGHT AGAINST INVOLUNTARY SERVITUDE

A
  1. Punishment for a crime for which the party
    has been duly convicted
  2. Personal military or civil service in the
    interest of national defense
  3. In naval enlistment, a person who enlists in a
    merchant ship may be compelled to remain in
    service until the end of a voyage
  4. Posse comitatus or the conscription of
    able‐bodied men for the apprehension of
    criminals
  5. Return to work order issued by the DOLE
    Secretary or the President
  6. Minors under patria potestas are obliged to
    obey their parent
66
Q

WHAT ARE THE STANDARDS USED TO
DETERMINE IF THE PENALTY IS CRUEL AND
INHUMAN?

A
  1. The punishment must not be so severe as to
    be degrading to the dignity of human beings
  2. It must not be applied arbitrarily
  3. It must not be
    unacceptable to contemporary
    society
  4. It must not be excessive, and it must serve a
    penal purpose more effectively than a less
    severe punishment would
  5. Excessive fine, or one which is
    disproportionate to the offense
67
Q
  • When a person was charged
    with an offense and the case was terminated by
    acquittal or conviction or in any other manner
    without his consent, he cannot again be charged with
    the same or identical offense. (Melo v. People, G.R. No.
    L‐3580, Mar. 22, 1950)
A

DOUBLE JEOPARDY

68
Q

EXCEPTION TO DOUBLE JEOPARDY:

A
  1. Dismissal based on insufficiency of evidence
  2. Dismissal because of denial of accused’s right
    to speedy trial
  3. Accused is discharged to be a State witness
69
Q

EX POST FACTO LAW

A
  1. Makes an act, which was innocent when done,
    criminal and punishes such action
  2. Aggravates a crime or makes it greater than
    when it was committed
  3. Changes the punishment and inflicts a greater
    punishment than the law annexed to the
    crime when it was committed
  4. Alters the legal rules of evidence and receives
    less or different testimony than the law
    required at the time of the commission of the
    offense in order to convict the defendant
  5. Assumes to regulate civil rights and remedies
    only. In effect imposes penalty or deprivation
    of a right for something which when done
    was lawful
  6. Deprives a person accused of a crime of some
    lawful protection to which he has become
    entitled, such as the protection of a former
    conviction or acquittal, or a proclamation of
    amnesty
70
Q
  • a legislative act that inflicts
    punishment without trial, its essence being the
    substitution of legislative fiat for a judicial
    determination of guilt. (People vs. Ferrer)
A

BILL OF ATTAINDER

Soc 116 (5 decks)

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