human rights

Question 1

In Section 2 Bill of Rights, the protection is not limited to to dwelling houses but extends to garages, warehouse, shop, stare, office and even a safety deposit vault

Answer 1

houses

Question 2

In Section 2 Bill of Rights, the warrant is issued only by the

Answer 2

judge

Question 3

The warrant issued by the judge is issued in the name of

Answer 3

Philippines

Question 4

4-5. The warrant of arrest is a written order of the court, issued in the name of People of the to arrest a person, and put him under the custody of the

Answer 4

Peace officer and court

Question 5

It means such facts and circumstances antecedent to the lesuance of a warrant sufficient themselves to induce a cautious man to rely upon them and act in pursuance thereof.

Answer 5

Probable cause

Question 6

In warrantless arrest, when, in his presence, the person to be arrested has committed, actually committing, or is attempting to commit an offense

Answer 6

In flagrante delicto arrest

Question 7

It states that any evidence unlawfully obtained is inadmissible as evidence before the courts

Answer 7

exclusionary rule

Question 8

Other term for item no.8

Answer 8

section 3

Question 9

The right of a person to have his home in whatever place chosen by him and thereaft change it at will and to go wherever he pleases, except in the interest of national security, public safety and publi health

Answer 9

liberty of abode and travel

Question 10

What kind of right is the right to unionize?

Answer 10

economic and labor rights

Question 11

What kind of right is the right to association?

Answer 11

civil and political rights

Question 12

. It is the security given for the release of a person incustody of law, furnished by hi bondsman, conditioned upon his appearance before any court as required.

Answer 12

bail

Question 13

Upon conviction by the RTC of an offense not punishable by death, reclusion perp life imprisonment, bail becomes

Answer 13

discretionary

Question 14

Bail shall be if the penalty imposed by the trial court is imprison

Answer 14

denied

Question 15

The legal principle that one is considered “innocent until proved guilty”

Answer 15

presumption of innocence

Question 16

It means that the trial is free from vexatious, capricious and oppressive delays

Answer 16

speedy trial

Question 17

It means that the accused is entitled to cold neutrality of an impartial judge, o free from interest and bias

Answer 17

impartial trial

Question 18

It is the right of the accused to have a subpoena and/of subpoena duces tec
his behalf in order to compel the attendance of witnesses and the production of evidence

Answer 18

compulsory process

Question 19

A trial that proceeds oven without the presence of the accused who was duly notified of the hearing and who does not have justifiable reason in out attending

Answer 19

Trial in absentia

Question 20

It is 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

Answer 20

Writ of habeas corpus

Question 21

What right is Sec. 17 No person shall be compelled to be a witness against himsel

Answer 21

self incrimination

Question 22

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

Answer 22

Involuntary servitude

Question 23

A penalty is cruel and inhuman if it involves

Answer 23

torture

Question 24

A penalty is suffering
if it exposes a person to public humiliation

Answer 24

degrading

Question 25

It means 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

Answer 25

double Jeopardy

Question 26

It is a law that makes an act, which was innocent when done, criminal and punishes such

Answer 26

ex post facto law

Question 27

. It is a legislative act that inflicts punishment without trial.

Answer 27

bill of attainder

Question 28

It is any civil obligation arising from contract

Answer 28

debt

Question 29

These are the rights to which a person under custodial investigation is entitled

Answer 29

miranda rights

Question 30

WHEN SEARCH AND SEIZURES MAY BE MADE WITHOUT WARRANT

Answer 30

Where there is a consent or waiver
Moving Vehicle
Stop and Frisk
Plain view
Exigent and emergency circumstances

Question 31

WHEN WARRANTLESS ARREST VALID

Answer 31

In flagrante delicto arrest
Hot pursuit
Arrest of escaped prison

Question 32

CONDITION FOR THE EXERCISE OF EMINENT DOMAIN

Answer 32

Taking of private property
For public use
Just compensation
Observance of due process

Question 33

WHAT ARE THE MIRANDA RIGHTS

Answer 33

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 hvit the free will

6. Right against secret detenuon 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)

Question 34

What are the rights that may be waived?

Answer 34

Right to remain silent
Right to counsel

Question 35

Requisites of double jeopardy

Answer 35

1. Court of competent jurisdiction
2. A valid Complaint or Information
3. Arraignment and plea by the accused;
4. Conviction, acquittal, or dismissal of the case without the express consent of the accused.

Question 36

What are the kinds of ex post facto law?

Answer 36

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

Question 37

Requisites for valid search warrant

Answer 37

1. It must be issued upon probable cause

2.The probable cause must be determined personally by the judge himself.

3 Such determination of the existence of probable cause must be made after examination by judge of the complainant and the witnesses he may produce: and

4. The must particularly describe the place to be searched, and the persons or things to be seized

Question 38

when shall bail be denied

Answer 38

a That he is a recidivist, quasi recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration,

b That he has previously escaped from legal confinement,
evaded sentence, or violated the conditions of his bailwithout valid justification,

That he committed the offense while under probation, parole, or conditional pardon;

d That the circumstances of his case indicate the probability of flight if released on bail, or

e That there is undue risk that he may commit another crime during the pendency of the appeal.

Question 39

Who are not entitled to bail?

Answer 39

a. Persons charged with offenses punishable by reclusion Perpetua or death, when evidence of guilt is strong

b. Persons convicted by the trial court discretionary pending appeal. Bail is only

C. Persons who are members of the AFP facing a court martial