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Consti > Bill Of Rights > Flashcards

Bill Of Rights Flashcards

1
Q

Requisites of a valid warrant

A

A. Probable cause (facts and circumstances…)
B. Personally determined by the Judge
C. After examination under oath or affirmation of the complainant and the witnesses he may produce
D. Particular description of the place to be searched and the persons or things to be seized

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2
Q

P.

Extradition law

A

PD 1069

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3
Q

Right to notice and hearing of extraditee?

A

A. Not that he has no right
B. Evidence (sufficient opportunity)
C. Right to know (momentarily withheld)
Compelling state interest (escape precipitated)
D. Soft restraint (not deprive of fundamental fairness)
E. No denial of due process (fundamental fairness)

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4
Q

Detention prior to extradition a violation of due process?

A

A. Essence of due process (right to be heard, not always prior, subsequent)
B. Full opportunity
C. No arbitrariness (doj, judge, bail)
D. Constitutional liberties do not exist in a vacuum

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5
Q

Is an extraditee entitled to notice and hearing before warrant?

A

Extradition law

A. Sec 6, PD 1069 - “immediate” arrest
B. Hearing (notices, facts and arguments, time)
C. Prima facie finding

Constitution
A. Sec 2, Art III
B. Full blown trial

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6
Q

Extraditee entitled to bail?

A

Gr.: No
A. Sec 13, Art III - “conviction”
B. Presumption of innocence
C. Apply bail where his offense will be heard

Xpn.:
A. Not a flight risk
B. Special, humanitarian and compelling reason

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7
Q

P.

Anti-wiretapping law

A

RA 4200

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8
Q

P.

Secrecy of bank deposits

A

RA 1405

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9
Q

P.

Intellectual property code

A

RA 8293

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10
Q

P.

Every person shall respect the dignity, p, p and p of his neighbors and other persons

A

NCC Art 26

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11
Q

P.

Po, employee and private person liable for damages…

A

NCC 32 and 32(11)

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12
Q

J.

If contraband, evidence can be confiscated

A

Alih vs Castro

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13
Q

J.

Membership in NPA

A

Umil vs Ramos

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14
Q

P.

Instances of valid warrantless arrest

A

Sec 5, Rule 113

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15
Q

Plain view

A

A. Prior justification or in a position where he can view
B. Inadvertent discovery
C. Immediately apparent
D. Without further search

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16
Q

Search incidental to a lawful arrest

A

A. Valid arrest precedes the search
B. Arrest must be lawful
C. Search is confined only to the vicinity of the area

Search may extend to area within his immediate control where he might gain possession of weapons or evidences he can destroy

17
Q

When is checkpoint valid?

A

A. Preannounced
B. Stationary
C. Visual search only

18
Q

J.

Sec 2 is only against the government and not private individuals

A

People vs Marti

19
Q

US vs O’Brien

A
  1. Within constitutional power
  2. Furthers an important or substantial government interest
  3. Interest is unrelated to the suppression of free expression
  4. Restriction is no greater than is essential to the furtherance of that interest
20
Q

Aspects of freedom of the press

A

A. Prior restraint
B. Punishment after publication
C. Access to information
D. Circulation

21
Q

P.

Solicitation law

A

PD 1564

22
Q

P.

Full public disclosure

A

Sec 28, Art II

23
Q

Restrictions in the right of people to information

A

A. National security matters and intelligence information
B. Trade or industrial secrets and banking transactions
C. Criminal matters
D. Other confidential information

24
Q

P.

Separation of church and state

A

Sec 26, Art II

25
Q

P.

No public money or property shall be appropriated… for the use… of any sect, church, denomination…

A

Sec 29 (2), Art VI

26
Q

P.

Religion allowed to be taught in public schools

A

Sec 3 (3), Art XIV

27
Q

Kinds of involuntary or coerced confessions

A

A. Product of third degree methods

B. Given without the benefit of the miranda warnings

28
Q

P.

Condition of bail that accused should appear when required

A

Sec 2(b), Rule 114 rules on crim pro

29
Q

P.

Presence of accused in arraignment is required

A

Sec 1(b), Rule 116

30
Q

Types of statutory immunity

A

A. Transactional

B. Use and derivative use

31
Q

J.

confession in media is admissible

A

People vs Vizcarra

People vs Andan

Consti (3 decks)

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