human rights Flashcards
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
houses
In Section 2 Bill of Rights, the warrant is issued only by the
judge
The warrant issued by the judge is issued in the name of
Philippines
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
Peace officer and court
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.
Probable cause
In warrantless arrest, when, in his presence, the person to be arrested has committed, actually committing, or is attempting to commit an offense
In flagrante delicto arrest
It states that any evidence unlawfully obtained is inadmissible as evidence before the courts
exclusionary rule
Other term for item no.8
section 3
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
liberty of abode and travel
What kind of right is the right to unionize?
economic and labor rights
What kind of right is the right to association?
civil and political rights
. 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.
bail
Upon conviction by the RTC of an offense not punishable by death, reclusion perp life imprisonment, bail becomes
discretionary
Bail shall be if the penalty imposed by the trial court is imprison
denied
The legal principle that one is considered “innocent until proved guilty”
presumption of innocence
It means that the trial is free from vexatious, capricious and oppressive delays
speedy trial
It means that the accused is entitled to cold neutrality of an impartial judge, o free from interest and bias
impartial trial
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
compulsory process
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
Trial in absentia
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
Writ of habeas corpus
What right is Sec. 17 No person shall be compelled to be a witness against himsel
self incrimination
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
Involuntary servitude
A penalty is cruel and inhuman if it involves
torture
A penalty is suffering
if it exposes a person to public humiliation
degrading
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
double Jeopardy
It is a law that makes an act, which was innocent when done, criminal and punishes such
ex post facto law
. It is a legislative act that inflicts punishment without trial.
bill of attainder
It is any civil obligation arising from contract
debt
These are the rights to which a person under custodial investigation is entitled
miranda rights
WHEN SEARCH AND SEIZURES MAY BE MADE WITHOUT WARRANT
Where there is a consent or waiver
Moving Vehicle
Stop and Frisk
Plain view
Exigent and emergency circumstances
WHEN WARRANTLESS ARREST VALID
In flagrante delicto arrest
Hot pursuit
Arrest of escaped prison
CONDITION FOR THE EXERCISE OF EMINENT DOMAIN
Taking of private property
For public use
Just compensation
Observance of due process
WHAT ARE THE MIRANDA RIGHTS
1.Right to remain silent
- Right to competent and independent counsel, preferably of his own choice
- Right to be reminded that if he cannot afford the services of counsel, he would be provided with one
- Right to be informed of his rights
5 Right against torture, force, violence, threat, intimidation or any other means hvit the free will
- Right against secret detenuon places, solitary. incommunicado, or similar forms of detention.
- Right to have confessions or admissions obtained in violation of these rights considered inadmissible in evidence (Miranda v Arizona, 384 US 436, 1966)
What are the rights that may be waived?
Right to remain silent
Right to counsel
Requisites of double jeopardy
- Court of competent jurisdiction
- A valid Complaint or Information
- Arraignment and plea by the accused;
- Conviction, acquittal, or dismissal of the case without the express consent of the accused.
What are the kinds of ex post facto law?
- Makes an act, which was innocent when done, criminal. and punishes such action
- Aggravates a crime or makes it greater than when it was committed
- Changes the punishment and inflicts a greater punishment than the law annexed to the crime when it was committed
- 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
- Assumes to regulate civil rights and remedies only. In effect imposes penalty or deprivation of a right for something which when done was lawful
- 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
Requisites for valid search warrant
- 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
- The must particularly describe the place to be searched, and the persons or things to be seized
when shall bail be denied
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.
Who are not entitled to bail?
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
