Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

legal aspects > Part 2 > Flashcards

Part 2 Flashcards

1
Q

Three Areas Protected by Section 1

A

Life
Liberty
Property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Life of human beings or natural persons as well as juridical persons is protected by the Bill of Rights. As a rule, the government cannot take away the life of the person without due process.

A

Life

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Does not only refer to physical freedom, but it may also include rights of the citizens to use his faculties in all lawful ways; to live and work where he wills; to earn his livelihood by any lawful calling; to pursue any vocation

A

Liberty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Does not mean to do everything that he/she wants to do, because no one can do as he/she pleases. Otherwise, one may kill a person.

A

Liberty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Refer to personal or real, immovable or movable objects which can be taken disposed like lands, buildings, cars, jewelry and the like.

A

Property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

An order in writing, issued in the name of the People of the Philippines, signed by a judge and directed, to a peace officer, commanding him to search for certain personal property and bring it before the court (Rules of Court, Rule 126, Sec.1.)

A

Search Warrant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Issued upon the probable cause to be determined personally by the judge after examination under oath affirmation of the complainant and the witnesses he may produce 2nd particularly describing the person to be arrested. (Rules of Court, Rule 113, Sec.1)

A

Warrant of Arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Under the following circumstances; a peace officer or private person may arrest a person even without arrant:

When in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;

When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it; and

When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while-his case is pending, or has escaped while being transferred from one confinement to another.

A

The Rules of Court, Rule 113, Sec. 5

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

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 as law.

Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

A

Section 3

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

(FREEDOM OF SPEECH, EXPRESSION, / PRESS)

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 the redress of their grievances.

A

Section 4

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

(Religion)

No law shall be made respecting the 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.

A

Section 5

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

The LIBERTY ABODE and changing of the same within the limits prescribed by lain shall not be unpaired 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.

A

Section 6

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes riot contrary to law shall not be abridged.

A

Section 8

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Private property shall not be taken for public use without just compensation.

Section 9 of the Bill of Rights pertains to one of the inherent powers of the government which is the power of eminent domain. The following elements should be noted: (a) taking of a private property; (b) the taking is for private purpose and; (c) there must be a just compensation.

A

Section 9

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

No law impairing the obligation of contracts shall be passed.

A

Section 10

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

The Congress shall, upon recommendation of the economic and planning agency, When the national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least sixty per centum of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investments. The Congress shall enact measures that will encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos.

A

Section 10 of Article XII National Economy and Patrinomy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Refers not only to the natural resources of the Philippines, as the Constitution could have very well used the term ‘“natural resources,” but also to the cultural heritage of the Filipinos.

A

National Patrimony

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Pertains to heritage.

A

Patrimony

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Having the same force of authority as legislative enactments are the treaties which the Philippines enters into with other states.

A

Treaty

20
Q

It has been defined as a compact made between two of more independent nations with a view to the public welfare.

An agreement between sovereign States (countries) and in some cases international organizations, which is binding at international law.

A

Treaty

21
Q

Refer to a combination of state, federal and international laws that regulate various aspects and functions of the travel industry

A

Tourism Law

22
Q

These relate to food service, travel, and lodging industries. It governs the various nuances of the hotel, restaurant, bar, spa, country club, meeting, and convention industries, among others

A

Hospitality Laws

23
Q

Considered as bases of law which also form part of the Filipino legal heritage as enshrined in the 1987 Constitution. It specifically provides that “the State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions and institutions.

A

Customs and Traditions

24
Q

“where no statute is exactly applicable to the point in controversy, the custom of the place shall be applied, and in the absence thereof, the general principles of law.” The Civil Code also provides that “customs which are contrary to law, public order or public policy shall not be countenanced”, and “a custom must be proven as a fact according to the rules of evidence.”

A

Old Civil Code Article 6 par. 2

25
Q

“Within the territorial jurisdiction and subject to the provisions of this constitution and national laws, the organic power of autonomous regions shall provide for legislative powers over: (6) Economic, social, and tourism development.

A

Article X Section 20

26
Q

provides that the NATIONAL TERRITORY comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, from part of the internal waters of the Philippines.

A

Article 1 Section 1 of 1987 Constitution

27
Q

Different Domains in the Philippine Territorial Jurisdiction

A

Aerial (air)
Terrestrial (land)
Fluvial (water)

28
Q

The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines

A

Internal Waters of the Philippines

29
Q

Power to execute, enforce, or implement the law. This power is vested to the President of the Philippines.
The different departments such as, Department of Tourism, Department of Transportation and Communications, Department of Foreign Affairs, Philippines National Police, Department Interior and Local Government and other departments are under the Executive Branch.

A

The Executive Power (Power of Executive Branch)

30
Q

power to make, revise repeal or amend the law. This power is vested to the Congress of the Philippines which is composed of the Senate and House of Representative; except to the extent reserved to the people by the provision on initiative and referendum.

A

The Legislative Power, (Power of the Legislative Branch)

31
Q

The law passed by the congress

A

Statute

32
Q

Not a law but it is just a proposal or a draft.

A

Bill

33
Q

Law that is passed by the sangguniang panlalawigan for the province; the sangguniang panlungsod the city; the sangguninag bayan for the municipality and the sangguniang barangay for the barangay.

A

Ordinance

34
Q

Not only a power but also the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and to determine whether or not there has been a grave abuse of discretion amounting to lack or of jurisdiction on the part of the government or any agency or instrumentality thereof.

To this branch
belongs the power to interpret the law,

A

The Judicial Power (Power of the Judicial Branch)

35
Q

The highest court of the land with fifteen justices; the head is called the Chief Justice while the fourteen are associate justices

A

Supreme Court

36
Q

THREE INHERENT POWER of the GOVERNMENT

A

Police Power
Power of Eminent Domain
Power of Taxation

37
Q

The power of the government to regulate laws and properties for public purpose.

A

Police Power

38
Q

The power of the government to forcibly acquire private property for public purpose and after payment of just compensation

A

Power of Eminent Domain

39
Q

The power of the government to acquire revenues. Relevant to this is the power to destroy.

A

Power of Taxation

40
Q

The membership in a political community which is more or less permanent in nature

A

Citizenship

41
Q

Generally used as a synonym for nationality (see: nationality). Where citizenship is used in a meaning that is different from nationality it refers to the legal rights and duties of individuals attached to nationality under domestic law.

A

Citizenship

42
Q

Refers to rights and duties that can only be exercised after the age of majority (such as voting rights) or to rights and duties that can only be exercised in the national territory.

A

Cotizenship

43
Q

Citizens of the Philippines from birth, without having to perform any act to acquire or to perfect their Philippine citizenship.

A

Natural-born Citizens

44
Q

Modes of acquiring Citizenship

A

Jus Sanguinis
Jus Soli
Naturalization

45
Q

It means that the citizenship of a person is acquired by blood relationship as when a child is born by Filipino parents, wherever he may born.

A

Jus Sanguinis

46
Q

The citizenship of a person is determined by the place of birth.

A

Jus Soli

47
Q

It is a process whether judicial or administrative by which a state places the imprint of a native citizen when he adopts an alien and gives him the imprint and endowment of a citizen of that country.

A

Naturalization

legal aspects (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions