PRELIMINARY EXAMINATION Flashcards

1
Q

Human rights in the Philippines pertains to the concept, practice and issues of human rights within the Philippine Archipelago. Pertains mainly (2)

A
  1. To the civil and political rights of the person
  2. Living in the Philippines by reason of the 1987 Philippine Constitution.
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2
Q

He is the founder of Human Rights in 539 BC. After conquering the city of Babylon, did something totally unexpected-he freed all slaves to return home. Moreover, he declared people should choose their own religion.

A

Cyrus the Great

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3
Q

A clay tablet containing his statements, is the first human rights declaration in history.

A

The Cyrus Cylinder

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4
Q
  • Was signed by the king of England in June 1215, was the turning point for human rights.
  • Was arguably the most significant early influence on the extensive historical process that led to the rule of constitutional law today in the English-speaking world.
  • In 1215, after Ling John of England violated several ancient laws and customs by which England had been governed, his subjects forced him to sign this, which enumerates what later came to be thought of as human rights. Among them was the right of the church to be free from governmental interference, the rights of all free citizens to own and inherit property and to be protected from excessive taxes. It established the right of widows who owned property to choose not to remarry and established principle of due process equality before the law.
A

1215: The Magna Carta

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5
Q

Other Term of Magna Carta

A

Great Charter

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6
Q

Passed on 7 June 1628, is an English constitutional document setting out specific individual protections against the state, reportedly of equal value to Magna Carta and the Bill of Rights 1689.This petition sought recognition of four principles: no taxation without the consent of Parliament, no imprisonment without cause, no quartering of soldiers on subjects, and no martial law in peacetime. The Petition of Right was drawn up by Charles’s third Parliament in as many years.

A

The Petition of Right

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7
Q

What four (4) principles did the 1628: The Petition of Right seek recognition of?

A
  1. No taxation without the consent of Parliament,
  2. No imprisonment without cause,
  3. No quartering of soldiers on subjects, and
  4. No martial law in peacetime.
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8
Q

In 1776, Thomas Jefferson penned the American Declaration of Independence.

On July 4, 1776, the United States Congress approved the Declaration of Independence. Its primary author, Thomas Jefferson, wrote a declaration as a formal explanation of why Congress voted on July 2 to declare independence from Great Britain, more than a year after the outbreak of American Revolutionary War, and as statement announcing that the thirteen American Colonies were no longer a part of the British Empire. Congress issued the Declaration of Independence in several forms. It was initially published as a printed broadsheet that was widely distributed and read to the public.

Philosophically, the declaration stressed two themes; individual rights and rights of evolution. These ideas become widely held by Americans and spread internationally as well, influencing the French Revolution.

A

1776: The United States Declaration of Independence

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9
Q

Who penned the American Declaration of Independence in 1776?

A

Thomas Jefferson

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10
Q

What two philosophical themes did the American Declaration of Independence stress?

A
  1. Individual rights
  2. Rights of evolution
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11
Q

One of the basic charters of human liberties, containing the principle that inspired the French Revolution. Its 17 articles adopted between August 20 and August 26, 1789, by Frances National Assembly, served as the preamble to the Constitution of 1791. The basic principle was that “all men are born and remain free and equal in rights” (article1), which were specified as the rights of liberty. Private property, the inviolability of a person, and resistance to oppression (article 2). All citizens were equal before the law and were to have the right to participate in legislation directly or indirectly (article 6). No one to be arrested without judicial order (article 7). Freedom of religion (article 10) and freedom of speech (article 11) were safeguarded within the bounds of public order and law.

A

1789: The Declaration of the Rights of Man and of the Citizen

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12
Q

What basic principles were outlined in the articles of 1789: “The declaration of the rights of man and of the citizen “ regarding individual rights and freedoms?

A

Article 1: All men are born and remain free and equal in rights.

Article 2: Rights include liberty, private property, inviolability of a person, and resistance to oppression.

Article 6: All citizens are equal before the law and have the right to participate in legislation directly or indirectly.

Article 7: No one can be arrested without a judicial order.

Article 10: Freedom of religion.

Article 11: Freedom of speech.

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13
Q

Is a milestone document in the history of Human Rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the declaration was proclaimed by the United Nation General Assembly in Paris 10 December 1948 General Assembly Resolution 217 A (III) as a common standard of achievement for all people and all nation. It sets out for the first. Fundamental human rights to be universally protected.

A

1948: The Universal Declaration of Human

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14
Q

HUMAN RIGHTS TODAY: A GLOBAL CONTEXT

A

Human right are matter of international concern: they are norms worked out for one among many possible situations of human interaction found in world order in which political authority is vested primarily in territorial states.

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15
Q

The Political Constitution of 1899 informally known, was the constitution of First Philippine Republic. It was written by Felipe Calderon y Roca and Felipe Buencamino as an alternative to a pair of proposals to the Malolos Congress by Apolinario Mabini and Pedro Paterno. After a lengthy debate in the latter part of 1898, it was promulgated on January 21, 1899. The constitution placed limitations on unsupervised freedom of action by the chief executive which would have hampered rapid decision making. As it was created during the fight for Philippine Independence from Spain. However, its article 99 allowed unhampered executive freedom of action during wartime. Unsupervised executive governance continued throughout the Philippine-American war which erupted soon after proclamation.

A

June 20, 1899- Malolos Constitution

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16
Q

In 1902, American forces suppressed a Filipino Independence Movement and Congress passed the Philippines Organic Act to establish civilian control. Among other provision, the act authorized two Filipino resident Commissioners to represent the Philippine Government in the U.S. Congress. The Philippine Organic Act was a basic law for Insular Government that was enacted by the United States Congress on July 1, 1902. It is also known as the Philippine Bill of 1902 and the Cooper Act, after its author Henry A. Cooper.

A

PHILIPPINE BILL OF 1902

17
Q
  • The Act of Congress of August 29, 1916 was an organic act passed by the United States Congress. The law replaced the Philippine Organic Act of 1902 and acted as a constitution of the Philippines from its enactment until 1934, when the Tydings-McDuffie Act was passed which in turn led eventually to the Commonwealth of the hip Philippines and to Independence from the United States. The Jones Law Created the first fully elected Philippine Legislature. The Jones Law provided for both houses to be elected and changed the name of the Philippine Assembly to the House of Representatives. The executive branch continued to be headed by an appointed Governor General of the Philippine, always an American.
  • Election were held on October 3, 1916 for the newly created for Philippine Senate. Elections to the Philippines Assembly had already been held on June 6, 1916 and those elected in that election were made members of the House of Representatives by the law.
A

PHILIPPINE AUTONOMY ACT OF 1916/ JONES LAW

18
Q

Also known as the Jones Act

A

The Jones Law

19
Q

In 1935, Philippine Bill of Rights had the following common provisions as those of the Bill of Rights, with the few variations of refinement; due process; equal protection; security against unreasonable searches and seizures; just compensation, freedom of religion, speech, press, assembly and petition; no titles of nobility; non-impairment of obligations; no ex post facto law or bill of attainder; no involuntary servitude; privilege of writ of habeas corpus; rights of the accused; including against self-incrimination; no excessive fines or cruel unusual punishment, no double jeopardy; and suffrage.

A

1935-FIRST PHILIPPINE CONSTITUTION: BILL OF RIGHTS

20
Q

Was inaugurated on October 14, 1943, with Jose P. Laurel as President. It had a different constitution which did not provide for a Philippines Vice President. The Second Republic was formally dissolved on August 17, 1945. With the surrender of the Japanese to Americans.

A

1973-SECOND PHILIPPINE CONSTITUTION

21
Q

Establishes the Philippines as a democratic and Republican State. It provides for separation of powers among the legislative, executive and judicial branches.
Then, the CHR was created as a response to the atrocities committed during Martial Law. When this constitution was drafted, article XIII on Social Justice on Human Rights clearly defined the creation of commission. There is hereby created an independent office called the Commission of Human Rights to investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights. (Section 17-18 art. XIII, Philippine Constitution)
It primarily gave CHR the mandate to protect and promote the rights and dignity of every human being in the country. The state values the dignity of every human person and guarantees full respects for human rights. (Section 11, art. II Philippine Constitution)

A

1987 PHILIPPINE CONSTITUTION

22
Q

PREAMBLE (Memorize)

A

We, the sovereign Filipino people, Imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony and secure ourselves and or posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom. Love, equality and peace, do ordain and promulgate this Constitution.