Part 2 Flashcards
Three Areas Protected by Section 1
Life
Liberty
Property
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.
Life
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
Liberty
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.
Liberty
Refer to personal or real, immovable or movable objects which can be taken disposed like lands, buildings, cars, jewelry and the like.
Property
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.)
Search Warrant
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)
Warrant of Arrest
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.
The Rules of Court, Rule 113, Sec. 5
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.
Section 3
(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.
Section 4
(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.
Section 5
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.
Section 6
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.
Section 8
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.
Section 9
No law impairing the obligation of contracts shall be passed.
Section 10
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.
Section 10 of Article XII National Economy and Patrinomy
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.
National Patrimony
Pertains to heritage.
Patrimony
Having the same force of authority as legislative enactments are the treaties which the Philippines enters into with other states.
Treaty
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.
Treaty
Refer to a combination of state, federal and international laws that regulate various aspects and functions of the travel industry
Tourism Law
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
Hospitality Laws
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.
Customs and Traditions
“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.”
Old Civil Code Article 6 par. 2
“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.
Article X Section 20
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.
Article 1 Section 1 of 1987 Constitution
Different Domains in the Philippine Territorial Jurisdiction
Aerial (air)
Terrestrial (land)
Fluvial (water)
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
Internal Waters of the Philippines
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.
The Executive Power (Power of Executive Branch)
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.
The Legislative Power, (Power of the Legislative Branch)
The law passed by the congress
Statute
Not a law but it is just a proposal or a draft.
Bill
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.
Ordinance
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,
The Judicial Power (Power of the Judicial Branch)
The highest court of the land with fifteen justices; the head is called the Chief Justice while the fourteen are associate justices
Supreme Court
THREE INHERENT POWER of the GOVERNMENT
Police Power
Power of Eminent Domain
Power of Taxation
The power of the government to regulate laws and properties for public purpose.
Police Power
The power of the government to forcibly acquire private property for public purpose and after payment of just compensation
Power of Eminent Domain
The power of the government to acquire revenues. Relevant to this is the power to destroy.
Power of Taxation
The membership in a political community which is more or less permanent in nature
Citizenship
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.
Citizenship
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.
Cotizenship
Citizens of the Philippines from birth, without having to perform any act to acquire or to perfect their Philippine citizenship.
Natural-born Citizens
Modes of acquiring Citizenship
Jus Sanguinis
Jus Soli
Naturalization
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.
Jus Sanguinis
The citizenship of a person is determined by the place of birth.
Jus Soli
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.
Naturalization
