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CLAW 2 > UNIT IV > Flashcards

UNIT IV Flashcards

1
Q

It pertains to the enumeration of the rights of the people.

A

Bill of rights

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2
Q

This refers to the set of rules that guide how a country, states or political organizations works

A

Constitution

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3
Q

it is a rule of conduct, just and obligatory promulgated by a competent authority for a common observance and benefits.

A

Law

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4
Q

What is the title of the case when the Supreme court discussed that there should be a human in existence in order for a human right to exist? This case became the land mark case on the question of when does human life begins to exist?

A

Imbong vs. Ochoa

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5
Q

It is the first constitution of the Philippines

A

1899 Malolos constitution

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6
Q

It is a part of the constitution that establishes the structure of the government its branches and their operation

A

Constitution of the Government

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7
Q

What article does the legislative belong to?

A

Article 6

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8
Q

It states the fundamental rights of the people

A

Constitutional Liberty

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9
Q

Provides how the constitution may be changed

A

Constitutional of Sovereignty

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10
Q

What section and Article is this in the 1987 constitution, “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws”

A

Article III, section 1

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11
Q

It is the right to be alive and continue living and also the right to a good or quality of living

A

Right to Life

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12
Q

It is a type of due process that hears before it condemns. It focus on the process or procedures adopted.

A

Procedural Due Process

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13
Q

It is a type of due process that require the intrinsic validity of the law interfering with the rights of the person to life, liberty or property.

A

Substantive Due Process

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14
Q

It is to treat an individual in the same manner as others in similar conditions and circumstances

A

Equal Protection Clause

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15
Q

These are all the requisites for valid classifications of equal protection clause, EXCEPT
a. Classification rest on real and substantial distinction
b. It must not apply equally to all members of the Same Class
c. It must not be limited to existing conditions only
d. It must be germane to the purpose of the law
e. None of the above

A

Letter b - because it must apply equally to all members of the same class

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16
Q

Crime which are grievous, odious, and hateful, it also shock public morality and decency.

A

Heinous Crimes

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17
Q

An act designating death via lethal injection
a. RA 8177
b. RA 7659
c. RA 9346
d. RA 11313

A

RA 8177

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18
Q

It is the Republic Act that prohibits the imposition of death penalty in the Philippines
a. RA 9364
b. RA 9643
c. RA 9346
d. RA 9446

A

c. RA 9346

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19
Q

It is the RA that impose death penalty for heinous crimes via electrocution (temporary method)
a. RA 7769
b. RA 7659
c. RA 6797
d. RA 7679

A

d. RA 7679

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20
Q

It is a process of making known a person’s thoughts or feelings

A

Expression

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21
Q

It is the right to the different freedoms

A

Right to Liberty

22
Q

Freedom of religion and freedom of expression are example of what rights?

A

Right to Liberty

23
Q

The government can only limit or regulate the freedom of expression only if there is clear and present danger of a substantive evil that the congress has the right to prevent. Is the statement true or false?

A

True

24
Q

It is a way to regulate the freedom expression. It censor or restrain the subject matter of the utterance/speech and there is a heavy presumption of invalidity

A

Content-based regulation

25
Q

It is a way to regulate the freedom of expression that control merely the incidents of the free speech such as; time, place or the manner of execution.

A

Content-neutral regulation

26
Q

National Security matters is a limitation to the right to information. True or false?

A

True

27
Q

Trade secrets and Banking Transaction can be considered as a limitation to the right to information. True or false?

A

true

28
Q

Criminal matters/classified law enforcement matters can not be considered as limitation to the right to information. True or false

A

False

29
Q

Does other confidential matters can be considered as limitations to the right to information?
a. true
b. yes
c. no
d. false

A

yes

29
Q

The right of association involves:
a. right to join party
b. right to believe and act
c. right to not join an association
d. right to observe associates

A

Letter C

30
Q

It is part of freedom of religion that says that no state can set up a church nor pass laws, which aid one religion, aid all religions or prefer one religion over the other.

A

Non-establishment clause

31
Q

It is a part of freedom of religion that says that people have freedom to believe and freedom to act.

A

Free exercise clause

32
Q

It is the right that includes all rights to property under the civil code. It is the right to the peaceful enjoyment of possession of property.

A

Right to property

33
Q

Right to property covers this, EXCEPT ONE
a. Right to take private property
b. Right to own your property
c. Right to dispose your property
d. Right to possess and enjoy your property

A

Letter A.

34
Q

The full and fair equivalent of the property taken from the private owner by the expropriator

A

Just compensation

35
Q

It is the price that may be agreed upon the parties who are willing but or not compelled to enter into a contract of sale

A

Fair market value

36
Q

It is the power of the state to take or authorize the taking of a private property for public use without the owner’s consent, conditioned upon payment of just compensation.

A

Eminent Domain

37
Q

It is when the owner of the property brings the case to the court to demand just compensation

A

Inverse Condemnation

37
Q

This can not be applied to expropriation cases because the matter is already decided and can no longer be raised

A

Res Judicata

38
Q

Freedom to choose and change one’s place to abode. Right of a person to have his home, or to maintain his home or change his home in whatever places he has chosen within the limits prescribed by the law.

A

Liberty to abode

38
Q

It happens in cases of abandonment, the private owner is entitled to demand recovery of possession of said private property

a. Prior offer and and rejection
b. Recovery of property
c. Abandonment of the purpose of expropriation
d. Inverse condemnation

A

Letter c

38
Q

Mang Toto wanted to by a new home but he couldn’t because he has Dementia. What limitation of Liberty to abode is being shown?
a. Within the limits prescribed by law
b. Public Safety
c. Public Health
d. Upon lawful order of the court

A

A. Within the limits prescribed by the law

38
Q

Manang Jenny wants to move back to her home in Cebu City but she is not allowed to since her neighbor file a restraining order against her. Does her Liberty to Abode have been violated?
a. no
b. yes
c. maybe
d. false

A

Letter a.

38
Q

What limitation of liberty to abode does a restraining order belongs to?

A

Upon lawful order of the court

38
Q

Right of the person to go wherever he pleases without interference from anyone

A

Freedom to travel

38
Q

These are the limitation of freedom to travel, EXCEPT
a. Public Matters
b. Public Health
c. Public Safety
d. Interest of National Security

A

a. Public Matters

38
Q

A crime punishable by article 127 of Revised Penal Code. It is committed by public officer/employee

A

Expulsion

39
Q

Order that prevents a individual from departing from the Philippines

A

Hold Departure Order (HDO)

40
Q

For a hold departure order (HDO) to be valid it need to have the following requirements:
a. Expelling a person from the Philippines
b. There should be a pending criminal case before the RTC
c. Compelling a person to change his residence
d. none of the above

A

b

41
Q

The hold departure order should be given by the RTC directing the bureau of Immigration to hold the departure of the person named in the order. True or false?

A

True

42
Q

This right is not guaranteed by the bills of right but falls under International Covenant on Civil and Political Rights

A

Right to return to one’s country

43
Q

It is done prior to filling of information and upon preliminary determination of probable cause in the proper RTC

A

Precautionary Hold Departure Order

CLAW 2 (3 decks)

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