ch 4: bill of rights Flashcards
Article III Bill of Rights is Defined as a declaration and enumeration of the ____________________ rights and privileges which the Constitution is designed to protect against ________________ by the ____________________ or any ________________ or __________________________
Article IIIBill of Rights is Defined as a declaration and enumeration of the individual rights and privileges which the Constitution is designed to protect against violations by the government or any individual or groups of individuals
Defined as a declaration and enumeration of the individual rights and privileges which the Constitution is designed to protect against violations by the government or any individual or groups of individuals
Article III Bill of Rights
Classification of Rights
(enumerate)
- Natural Rights
- Constitutional Rights
2.1 Political Rights
2.2 Civil Rights
2.3 Social and Economic Rights
2.4 Rights of the Accused - Statutory Rights
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.
(what section?)
Section 1.
The right of persons to be secure in their persons, houses, papers and effects against unreasonable searches and seizures of whatever nature for any purpose shall be inviolable , and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witness he may produce, and particularly describing the place to be searched and the person or things to be seized.
(what section?)
Section 2.
(1) The 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.
(what section?)
Section 3
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding
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Section 3
No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
(what section?)
Section 4
No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.
(what section?)
Section 5
The liberty of abode and of changing the same within the limits prescribed by law 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, as may be provided by law.
(what section?)
Section 6
The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.
(what section?)
Section 7
The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.
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Section 8
Private property shall not be taken for public use without just compensation.
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Section 9
No law impairing the obligation of contracts shall be passed.
(what section?)
Section 10
Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.
(what section?)
Section 11
(1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
(what section?)
Section 12
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.
(what section?)
Section 12
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.
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Section 12
(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.
(what section?)
Section 12
All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
(what section?)
Section 13
(1) No person shall be held to answer for a criminal offense without due process of law.
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Section 14
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.
(what section?)
Section 14
The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.
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Section 15
All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.
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Section 16
