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PolSci > Rights against the Accused > Flashcards

Rights against the Accused Flashcards

1
Q

Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

A

Section 11

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2
Q

Indigent litigants exempt from payment of legal

fees

A

Free Legal Assistance

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3
Q

Miranda Rights

A

Section 12.

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4
Q

Involves any questioning initiated by law enforcement

A

CUSTODIAL INVESTIGATION

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5
Q

accused is brought face to face with the witness for identification

A

show up

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6
Q

suspect is identified by witness from a group of persons gathered for that purpose

A

police line-up

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7
Q

when a counsel is engaged by anyone acting on behalf of the person under investigation, or appointed by
the court upon petition by said person or by someone on
his behalf.

A

Right to Counsel

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8
Q

not allowed to communicate with others

A

Incommunicado

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9
Q

All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the writ of habeas corpus is suspended.

A

Section 13

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10
Q

the security given for the release of a person in
custody of the law, furnished by him or a bondsman,
conditioned upon his appearance before any court as maybe required.

A

Bail

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11
Q

No person shall be held to answer for a criminal offense without due process of law

A

Section 14.

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12
Q

The requirement of proof beyond reasonable doubt is a necessary corollary of the constitutional right

A

PRESUMPTION OF INNOCENCE

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13
Q

Where the evidence adduced by the parties is evenly
balanced, the constitutional presumption of
innocence should tilt the balance in favor of the accused.

A

Equipoise Rule

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14
Q

is a process by which the accused was formally informed about the nature of the complaint

A

Arraignment

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15
Q

The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion and rebellion
when public safety requires it
.

A

Section 15

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16
Q

is an order issued by a court of competent jurisdiction directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place

A

HABEAS CORPUS

17
Q

All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

A

Section 16

18
Q

Accused failed to appear for trial despite postponement and notice

A

TRIALS IN ABSENTIA

19
Q

No person shall be compelled to be a witness against himself.

A

Section 17

20
Q

If the act is physical or mechanical, the accused can be

compelled to allow or perform the act, and the result can be used in evidence against him

A

SELF-INCRIMINATION CLAUSE

21
Q

No person shall be detained solely by reason of his political beliefs and aspirations.

A

Section 18.

22
Q

subject to the civil jurisdiction of ordinary courts of justice if they are to be prosecuted at all, the army has no jurisdiction, nor power, nor authority, from all legal standpoints, to continue holding them in restraint.

A

Political Prisoners

23
Q

all denote “a condition of enforced, compulsory service of one to another.

A

Involuntary Servitude

24
Q

Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.

A

Section 19

25
Q

Involves torture or lingering death

A

cruel punishment

26
Q

this law prohibits the imposition of death penalty in the Philippines.

A

Republic Act 9346

27
Q

No person shall be imprisoned for debt or non-payment of a poll tax.

A

Section 20

28
Q

any civil obligation arising from a contrac

A

Debt

29
Q 
a specific sum levied upon any person
belonging to a certain class without regard to property or occupation
A

Poll Tax

30
Q

No person shall be put twice in jeopardy of punishment in the same offense.

A

Section 21.

31
Q

It means that when a person is charges with an
offense and the case is terminated either by acquitta or conviction or in any other manner without the expressed consent of the accused, the accused cannot be charged with the same or identifical offense

A

RIGHT AGAINST DOUBLE JEOPARDY

32
Q

No ex post facto law or bill of attainder shall be enacted

A

Section 22

33
Q

a law that operates retrospectively that makes an act
before the passage of law innocent when done but later becomes criminal in nature and punishes such act or aggravates a crime or makes it greater than when it was committed

A

Ex post facto law

34
Q

is a legislative act which inflicts punishment without judicial trial.

A

Bill of attainder

35
Q

the punishment is less than death

A

bill of pains and penalties

PolSci (7 decks)

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