Political Law Flashcards
What is a substantive right?
A substantive right is a legal or moral claim that is due to a person by just claim, legal guarantee, or moral principle. It is a power, privilege, or immunity secured to a person by law. Violation of a substantial right is considered a wrong and can be legally enforced.
A substantive right involves a right to the substance of being human (life, liberty, and happiness), rather than a right to a procedure to enforce that right, which is defined by procedural law.
What is a procedural right?
A procedural right may refer not exhaustively to rights to information, access to justice, and right to counsel, rights to public participation, right to confront accusers as well as the basic presumption of innocence (meaning the prosecution regularly must meet the burden of proof, though different jurisdictions have various exceptions), with those rights encompassing general civil and political rights.
Are procedural rights derivative substantive rights?
Outline the principles and state policies discussed in Article II (Declaration of Principles and State Policies) of the 1987 Philippine Constitution.
Article II (Declaration of Principles and State Policies)
Section 01. Republicanism nature of the State
Section 02. The incorporation clause
Section 03. Civilian supremacy
Section 04. Duty of the Government
Section 05. Duty of the people to defend the State
Section 06. Separation of Church and State
Section 07. Independent foreign policy of the Philippines
Section 08. Nuclear-free policy of the Philippines
Section 09. Just and dynamic social order
Section 10. Promotion of social justice
Section 11. Respect for human dignity and human rights
Section 12. Family
Section 13. Youth
Section 14. Fundamental equality of men and women
Section 15. Promotion of health
Section 16. Promotion of ecology
Section 17. Priority to education, science, technology, etc.
Section 18. Protection to labor
Section 19. Self-reliant and independent economic order
Section 20. Role of private sector
Section 21. Land reform
Section 22. Indigenous cultural communities
Section 23. Independent people’s organizations
Section 24. Communication and information in nation-building
Section 25. Autonomy of local governments
Section 26. Equal access of opportunities for public service
Section 27. Honest public service and full public disclosure
Outline the self-executing (in general) provisions present in Article III (Bill of Rights) of the 1987 Philippine Constitution that set forth the fundamental civil and political rights of the individual.
Article III (Bill of Rights)
Section 01. Due process of law and equal protection of the laws
Section 02. Searches and seizures
Section 03. Privacy of communications and correspondence
Section 04. Freedom of expression
Section 05. Freedom of religion
Section 06. Liberty of abode and travel
Section 07. Right to information
Section 08. Right to form associations
Section 09. Just compensation for expropriation
Section 10. Non-impairment clause
Section 11. Free access to courts
Section 12. Miranda doctrine
Section 13. Right to bail
Section 14. Constitutional rights of the accused
Section 15. Habeas corpus
Section 16. Speedy disposition of cases
Section 17. Self-Incrimination
Section 18. Non-detention by reason of political beliefs or aspirations and involuntary servitude
Section 19. Prohibited punishments
Section 20. Non-imprisonment for debt
Section 21. Double jeopardy
Section 22. Ex post facto law and bill of attainder
When are the rights guaranteed in Article III, Section 12 (Miranda rights) available?
The Miranda rights guaranteed in Article III, Section 12 exist only in “custodial investigation” or “in-custody interrogation of accused persons”, which has been defined as “any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way”.
The rule begins to operate at once as soon as the investigation ceases to be a general inquiry into an unsolved crime, and direction is then aimed upon a particular suspect who has been taken into custody and to whom the police would then direct interrogatory questions which tend to elicit incriminating statements.
Is police line-up a part of any custodial inquest? Why or why not?
A police line-up is not considered a part of any custodial inquest, because it is conducted before that stage of investigation is reached.
