FULL 149 CARDS Flashcards
(133 cards)
1
Q
The government
agency concerned with consumer and customer complaints
for goods and services
A
Department of Trade and Industry (DTI)
2
Q
The government agency that mandates that there should be direct competition for different businesses
A
Philippine Competition Commission (PCC)
3
Q
MTRCB gives ratings for televisions and films, such as…
A
G, PG, R-13, R-16, R-18 or G, PG, SPG (for films)
4
Q
MTRCB stands for?
A
Movie and Television Review and Classification Board
5
Q
The government agency responsible for the regulation and quasi-judicial functions of the country’s radio
A
National Telecommunications Commission (NTC)
6
Q
Government agency that mandates, administers, and implements IPs
A
Intellectual Property Office (IPO)
7
Q
Protects the expression of an idea
A
Copyright
8
Q
Protects a brand’s unique indentifiers
A
Trademark
9
Q
Protects a new invention or progress
A
Patent
10
Q
Makes an effort to deliver a media piracy-free Philippines
A
Optical Media Board (OMB)
11
Q
Concerns with the welfare of workers in the media and film industry
A
Film Academy of the Philippines (FAP)
12
Q
Latin word for “Medium” meaning “medium ground or intermediate”
A
Media
13
Q
Society-wide communication, uses technology to reach large, mixed audiences
A
Mass Communication
14
Q
Technological tools used in transmitting messages for mass communication
A
Mass Media
15
Q
Statement of an error and its correction was inserted
A
Erratum
16
Q
Formed for worker’s welfare instead of unions
A
Guilds
17
Q
Falsification of a signature`
A
Forgery
18
Q
Falsified testimony
A
Perjury
19
Q
Information from NORTH EAST WEST SOUTH, containing different information
A
News
20
Q
An appeal to emotion, often called ‘sal-sal’
A
Sensationalism
21
Q
Non-Traditional Medias
A
Print Media, Motion Picture sound & recording
22
Q
Traditional Media
A
Broadcast, New Media
23
Q
What is in a primary source of data?
A
(Raw, original source) First hand observation, interviews, speeches, diaries, birth certificates, journal articles, newspapers
24
Q
What is in a secondary source of data?
A
(Analyzed and interpreted with no new evidence) Biographies, journal articles, textbooks, commentaries, editorials, criticisms
25
What is in a tetriary source of data?
(Compiled data on a topic) Encyclopedias, bibliographies, abstracts, indexes, reviews, catalogs, databases
26
Promotes the individual's right to communicate and express.
Embodies essential knowledge on:
functions of media
conditions which providers can effectively perform
evaluates the performances
Media and Information Literacy (MIL)
27
Unrestricted pursuit of objective truth and free exchange of ideas
UNESCO Constitution
28
Universally protected fundamental rights for all people and nations
Article 19 of Universal Declaration of Human Rights
29
Critical understanding of the 'phenomena of communication' and their participation in media
Grunwald Declaration of 1982
30
Understands that MIL is at the core of lifelong learning
Alexandria Declaration of 2005
31
Highest law of the land
Constitutional Law
32
The Rule of Law Framework consists of: ...
1. Constitution or its equivalent
2. Clear and consistent framework
3.Transitional Justice
4. Public and civil society
33
What is The Philippine Competition Act (PCA) or RA 10667?
The primary competition policy of the Philippines that aims to protect the well-being of consumers and preserve the efficiency of competition in the marketplace.
34
The PCA embodies the principle that competition: ...
1. *Promotes* entrepreneurial spirit
2. *Encourages* private investments
3. *Facilitates* technology development and transfer
4. *Enhances* resource productivity
35
Article 3 Section 4
No law shall be passed abridging freedom of speech
36
Article 3 Section 5
No law shall be made respecting religion
37
Article 3 Section 6
The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court
38
Article 3 Section 8
The right to form unions, societies, and associations shall not be abridged
39
Article 3 Section 9
Private property shall not be taken for public use without just compensation
40
Article 3 Section 11
Free access to courts and quasi-judicial bodies shall not be denied to any person
41
Article 3 Section 13
The right to bail shall not be impaired except those charged with offenses punishable by reclusion perpetua
42
Article 3 Section 14
No person shall be held to answer for criminal offense without due process;
Innocent until guilty
43
Article 3 Section 17
No person shall be a witness against themselves
44
Article 3 Section 20
No person shall be imprisoned for tax non-payment or debt
45
What is the Freedom of Information Bill (FOI)
Allows citizens to request information about government transactions and operations.
46
Article 3 Section 4
No law shall be passed abridging freedom of speech
47
Restraints & precedents of freedom of speech include:
1. if the statements are libelous and obscene
2. when conflict of interest arises
3. cyberbullying/cyber libel
4. disruptive, subversive, and harmful
48
NTC Memorandum Circular 3-12-85
all radio and television shall play, air, act or scene to disseminate false information or willful misinterpretation
49
Article XVI Section 2 of the Constitution
Ownership and management of media shall be limited to the citizens of the Philippines
50
Article 139 of Revised Penal Code
Sedition is an unnecessary restraint on the political rights of the Filipinos
51
Article 114 of Revised Penal Code
Any Filipino citizen who levies war against the Philippines (Treason)
52
Article 134 of Revised Penal Code
Rising and taking arms against the government (Rebellion)
53
Article 117 of Revised Penal Code
Gathering, and transmitting information with intent to be used to the injury of the Republic of the Philippines (Espionage)
54
Reclusion Perpetua
death penalty
55
Article 360, Act 3815
Any person who publishes false statements must be liable (Defamation)
56
Unjust Vexation
Oral slander
57
Cyber libel includes:
cyberbullying, cybersex, cyber harassment
58
What are crimes against honor?
Libel by writing, blackmail, slander, incrimination
59
RA 10175
Cybercrime prevention act
60
RA 9262
Anti-Violence Against Women and Children
61
RA 9995
Anti-Photo and Video Voyeurism Act of 2009
62
Sara Duterte's articles of Impeachment
- Death threats;
- Alleged confidential fund misuse
- Cash envelopes
- Unexplained wealth
- Davao death squad, drug wars
killings
- Inciting sedition, political turmoil
- Abuse of power
63
When will Sara Duterte's Impeachment be held?
In July, after SONA
64
KBP CODE
A set of professional and ethical guidelines for broadcasting in
exercising sound judgment in the performance of public duty as the
fourth estate.
65
ART.1 SEC. 2
NEWS SCHEDULE - No less than 30 minutes should be devoted to news
66
ART.1 SEC. 3
FAIRNESS AND OBJECTIVITY
3.A. fair, factual, objective
3.B. receiving bribes, gifts, privileges, or any consideration is prohibited
67
ART. 1 SEC. 4
NEWS SOURCES
the importance of giving confidentiality, verification and utmost care to sources
4.B. attributing sources
4.D. confidential information for public interest (SEC.5. unconfirmed reports)
68
ART. 1 SEC. 8
NEWS PRODUCTION AND TECHNIQUES – done to avoid misleading the public
8.A. not misleading to the public
8.B. proper labelling of archived or file videos, and audio materials; 8.C. voice clips; 8.D.
re-enactments
8.E. text crawls mis-use for advertisement purposes
69
ART. 1 SEC. 9
SENSATIONALISM
9.A. news and commentaries in good taste
9.B. morbid, violent, sensational, or alarming are prohibited
9.C. would not create unnecessary panic or alarm
70
ART. 1 SEC. 11
ADVERTISEMENTS IN THE NEWS
11.A. ads must be clearly distinguished from news
71
RA 9851
Willingly surrendering or expediting someone with high crimes
72
Male Captus Bene Detentus
Wrongly captured, properly detained
73
Why was Former PRRD being investigated?
Davao death squad in 2019 and the war on drugs
74
Why is the ICC case against the former president covers only the Davao Death Squad (DDS) and drug war killings up to March 2019?
Duterte withdrew the Philippines from the ICC in March 2018 just after the ICC prosecutor opened a preliminary examination on his drug war. He did it without asking for the permission of Congress, even though ratifying it needed lawmakers’ approval. The withdrawal took effect in March 2019.
75
What does Duterte assert with ICC's jurisdiction?
Duterte asserts that the ICC had lost jurisdiction over him because the government is no longer a member.
76
Sub judice
One must not talk about the case before a decision is made for fair trial
77
Who is the Prosecutor convincing the ICC to continue investigation?
ICC Prosecutor Karim Khan fought hard to convince ICC judges to allow him to continue, which they did twice, the last one in January 2023.
78
What happened in February 2023 with Solicitor General Menardo Guevarra?
By this time, it was already the term of President Ferdinand Marcos Jr., who also believed that the ICC had no jurisdiction. Thus, in February 2023, it was under Marcos that Solicitor General Menardo Guevarra hired a foreign external lawyer to beef up the non-jurisdiction argument in the ICC, to stop the investigation. They went to the appeals chamber for one more shot.
79
ICC Appeals chamber voted ?-? in July 2023.
The Marcos-Guevarra tandem, with the help of British barrister Sarah Bafadhel, almost won but lost by a hairline. The ICC appeals chamber voted 3-2 in July 2023 to let the investigation continue.
80
Article 127 of the Rome Statue
“Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.”
AKA "what will not be affected by withdrawal are “criminal investigations and proceedings” that already started before withdrawal."
81
What is the Article 127 application to the FPRD investigation?
Anything that was committed before a country’s withdrawal from the ICC shall not be affected by that withdrawal. This means, as far as they are concerned, that the 2019 withdrawal merely cuts the ICC’s jurisdiction from 2019 and beyond, but not the period from 2011 to 2019 — years when the Philippines was still a member.
82
When did the Prosecutor open investigation?
What started before withdrawal? The prosecutor’s preliminary examination, which is the first step in the ICC process. The prosecutor opened investigation only in 2021.
83
What is the argument of Team Marcos-Guevarra-Bafadhel with Article 127?
Part of the argument of the Team Marcos-Guevarra-Bafadhel was that the preliminary examination that began in February 2018 was not the “criminal investigation and proceeding” that Article 127 mentioned. Therefore, Article 127 does not apply.
84
How did the ICC Appeals chamber voted 3-2 happen?
In the July 2023 decision of the appeals chamber, two judges agreed that the ICC had lost its jurisdiction over the case. The three other judges believed that the issue of jurisdiction was improperly raised. For the three judges, they cannot answer a question that was improperly raised. They allowed the investigation to continue but skipped the question on jurisdiction. Here’s an explainer on that 3-2 vote.
85
Who opted out of defending Marcos in Duterte petition vs ICC arrest?
Solicitor General Menardo Guevarra, the default lawyer of the government in any case filed against it, has opted out of defending the Marcos administration in the Supreme Court petition filed by former president Rodrigo Duterte over his arrest and transfer to the International Criminal Court (ICC).
86
What was the Chamber's conclusion?
"The Chamber concludes that there is a reasonable basis for the Prosecutor to proceed with an investigation, in the sense that the crime against humanity of murder appears to have been committed, and that potential case(s) arising from such investigation appear to fall within the Court’s jurisdiction,"
87
What did the pre-trial chamber take into account?
The pre-trial chamber took into account Duterte’s statements, saying: “President Rodrigo Duterte has publicly encouraged extrajudicial killings in a way that is incompatible with a genuine law enforcement operation.”
88
Office of the Prosecutor
Office of the Prosecutor (OTP) would like to take its time and tighten its case before requesting for summons and arrest warrants. Whoever the summons and arrest warrants are requested against will be assumed to be the ones who will be put on trial.
89
Salvador Panelo's take on September 16
President Duterte’s chief legal counsel Salvador Panelo on Thursday, September 16, said the ICC chamber’s decision “neither bothers nor troubles the President and his administration.”
90
Who was the newly-retired Prosecutor who asked the pre-trial for authorization to open the investigation?
It was newly-retired prosecutor Fatou Bensouda who asked the pre-trial chamber for authorization to open the investigation, which Malacañang persistently said would be denied, citing lack of jurisdiction.
91
What did the pre-trial judges say about Bensouda's pattern?
In the assessment of the Chamber, there exists information sufficiently linking the killings in the Davao area in 2011-2016 to the relevant facts of the so-called ‘war on drugs’ campaign as discussed above,” said the pre-trial chamber.
92
What did the pre-trial Chamber say wasn't necessary?
The pre-trial chamber also said it would not be necessary at this stage to fully establish if the Davao City killings constitute crimes against humanity.
93
What did the pe-trial Chamber say was important in the present?
“What is important for the present decision is that, whichever the case may be, that it appears, on the basis of the supporting material, that the killings in the Davao area between 1 November 2011 and 30 June 2016 show a certain pattern and may constitute crimes against humanity within the jurisdiction of the Court,” said the pre-trial chamber.
94
What did Salvador Panelo say about ICC's jurisdiction over the Philippines?
Panelo said Malacañang stands firm on its stance that the ICC has no jurisdiction over the Philippines, claiming the Rome Statute which created the court “never took effect in the country” because it was never published on the Official Gazette.
95
Republic Act 9851
the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity (International Humanitarian Law Act) allows “our courts to try cases cognizable by the ICC under the principle of complementarity.”
96
What representations were taken note of by the pre-trial Chamber?
The pre-trial chamber also took note of the representations submitted by victims. The representation process was a stage where victims sent in their concerns and expectations without necessarily indicating they were willing to participate in court proceedings.
97
What were other alleged crimes mentioned by representations?
The judges said that representations also alleged other crimes apart from murder, like sexual violence.
98
What was undertaken by the Registry?
“A legal analysis undertaken by the Registry has categorized the assertions and identified other inhumane acts/torture, imprisonment or other severe deprivation of liberty and enforced disappearance as the most commonly reported crimes other than murder. Moreover, the Chamber notes with particular attention that three representations reported sexual violence,” said the pre-trial judges.
99
What was Salvador Panelo insisting, that was also the Malacañang accusation about the ICC and Duterte critics?
Panelo insisted that the country’s justice system is able and willing to prosecute abusive law enforcers and officials “if only genuine complainants come forward to the proper authorities instead of personalities who will use their plight for political ambitions
100
When was the ICC set up and why?
The court was established in 2002 to prosecute war crimes, crimes against humanity, genocide and the crime of aggression when member states are unwilling or unable to do so themselves.
101
What can the ICC prosecute?
It can prosecute crimes committed by nationals of member states or on the territory of member states by other actors. It has 125 member states. The court’s budget for 2025 is about 195 million euros ($202 million).
102
What is the ICC investigating?
The ICC is conducting investigations from the Palestinian territories to Ukraine and African states such as Uganda, Democratic Republic of Congo, and Kenya, to Venezuela in Latin America and Myanmar and the Philippines in Asia. It says there have been 32 cases before the court, with some having more than one suspect. ICC judges have issued at least 60 arrest warrants.
103
How many people has the court convicted?
ICC judges have issued 11 convictions and four acquittals.
Twenty-one people have been held in the ICC detention center in The Hague and have appeared before the court,
and 31 people remain at large. Charges have been dropped against seven people due to their deaths.
104
What did the court not confirm as an arrest warrant?
The Philippines authorities have said they have arrested Duterte on a warrant from the ICC, but the court itself has not yet confirmed the warrant.
105
What did Duterte announce in 2018?
In 2018, Duterte announced he would withdraw from the ICC after the court announced it would look into allegations of systematic murders of drug dealers on his watch.
106
What happened two years after the withdrawal?
Two years after the withdrawal was finalized, judges allowed the ICC prosecution to open a full investigation into suspected crimes against humanity looking at incidents that took place while the country was still an ICC member.
107
Who filed a manifestation to recuse?
Guevarra simply said “yes” to confirm that he had indeed filed a manifestation to recuse. The manifestation, a copy of which had been circulated to media, says that that the Office of the Solicitor General (OSG) cannot defend the government because it has always taken the position that the ICC had lost its jurisdiction over Duterte’s war on drugs.
108
What did the manifestation co-signed by Guevarra say?
“The OSG has consistently maintained, both in its submissions before the ICC and in its public statements, that the case of the Philippines was not admissible and that the ICC failed to timely exercise its jurisdiction,” said the manifestation co-signed by Guevarra and his assistant solicitors general.
109
How did the Supreme Court respond to any immediate relief?
This is in regard to the very first petition filed by Duterte, a last-minute relief that they hoped would stop the government from sending him to The Hague. The Supreme Court has already denied any immediate relief — but the case continues in its entirety and merits.
110
Who is the Supreme Court spokesperson confirming the manifestation?
Supreme Court spokesperson Camille Ting confirmed receiving the manifestation, adding that the court “also received a motion to drop Solicitor General Menardo Guevarra as party respondent.”
111
Will the Department of Justice step in Guevarra's place?
It’s not clear whether the Department of Justice (DOJ) will step in Guevarra’s place as lawyer for the government, but should they do so, they will likely invoke Philippines’ commitment to the Interpol, and not to the ICC.
112
How is the Solicitor General's reply seen as?
It is seen to boost the Duterte camp’s narrative that Marcos’ own solicitor general does not believe in the ICC’s jurisdiction. ICC has detained Duterte over alleged crimes against humanity by murder for the killings in the drug war and by the Davao Death Squad. Duterte supporters already went to town on Monday with a digital file of Guevarra’s submission to the SC.
113
What does President Marcos believe in ICC's jurisdiction?
Marcos also believes that ICC has no jurisdiction; “Consistent naman tayo. Hindi tayo tumutulong sa imbestigasyon ng ICC (We’re consistent on this, we do not help the ICC’s investigation)”
114
Then what was the arrest in compliance with?
“The arrest that we did today was in compliance with our commitments to Interpol. It just so happened that that came from ICC. But it’s not because it came from ICC, it’s because it came from Interpol,” said Marcos late night Tuesday, March 11.
115
What does that mean about the Marcos government?
It means that the Marcos government has always taken a hands-off approach on the ICC – whether that’s genuine or not. It is why the Interpol had to enter the picture because Marcos was not willing to hand over Duterte to the ICC when the Philippines is no longer a member.
116
Which government hired a foreign external lawyer?
In fact, it was under Marcos that Philippines even hired a foreign external lawyer – someone who specializes in international criminal law – to convince ICC judges to drop the investigation precisely because of lack of jurisdiction.
117
What is a definite weak point in the whole Marcos operation?
Guevarra recusing is a definite weak point in the whole Marcos operation. Guevarra served as Duterte’s deputy executive secretary and justice secretary. He is also a longtime law firm partner of Salvador Medialdea, Duterte’s executive secretary and lawyer in the first ICC appearance.
118
What did Joel Butuyan say about the Supreme Court's power to issue?
Joel Butuyan, an ICC-accredited counsel representing victims and president of the Center for International Law, said he cannot think of any possible legal framework by which the Supreme Court can make the ICC do anything. Butuyan said this is especially true in the Duterte children’s other three petitions for the writ of habeas corpus, that if ordinarily granted, would compel authorities to “produce the body” of Duterte.
119
What did Joel Butuyan say about Duterte's custody?
“Imposible nang mangyari ‘yun (That’s impossible to happen). Habeas corpus is premised and predicated on the presence of the person in the Philippines, that he’s in the jurisdiction of our court. Duterte is now in the custody of the ICC, the Supreme Court has no power to issue orders against an international court,” Butuyan said over a panel on Rappler on March 13.
120
What does this all mean about Duterte's and The Hague?
All of these highlight the strategic significance of making sure that Duterte left for The Hague within the day, to put him out of reach of any Philippine court’s jurisdiction.
121
What were the arrest and transfer based on?
The Marcos government will likely highlight that the arrest and transfer were based only on Interpol commitments, and Republic Act 9851 or International Humanitarian Law (IHL), and not the ICC.
122
Has the Supreme Court said anything about RA 9851 before?
No — and yes. The Supreme Court justices issued a decision after the withdrawal had already taken effect. Their decision was conveniently moot. The Supreme Court threw a consolation line to human rights advocates: “Even if it has deposited the instrument of withdrawal, it shall not be discharged from any criminal proceedings. Whatever process was already initiated before the International Criminal Court obliges the state party to cooperate.”
123
Is the Supreme Court statement obiter dictum?
Some lawyers believe that line is obiter dictum, or an opinion made by a justice that does not set a precedent, or is not necessarily legally binding. Some lawyers think it’s not obiter, and that it is useful.
124
What did Antonio Carpio say about the Supreme court statement?
Retired Supreme Court senior associate justice Antonio Carpio said it carries weight. On March 17: “The Supreme Court has already unanimously ruled that the ICC retains jurisdiction over offenses committed while the Philippines was still a member of the Rome Statute. Guevarra cannot simply gloss over this unanimous decision of the Supreme Court.”
125
What could Guevarra could have cited that allows the government to surrender Duterte even after withdrawal?
“Guevarra could also have cited RA 9851 which allows the government to surrender Duterte to the ICC even if the Philippine has withdrawn from the Rome Statute,” said Carpio.
126
With these to Duterte's advantage, what is his other dilemma?
He asserts that the ICC has no jurisdiction over him, yet he invokes Article 59 of the Rome Statute that says he should have been brought to a local judge when he was arrested. It’s important for them to invoke improper arrest, because it’s another way to attack the jurisdiction issue.
127
Who's the ICC-accredited counsel who wants to defend Duterte?
Harry Roque, an ICC-accredited counsel who also now wants to defend Duterte in the ICC, said they can use a decision by the South Africa Constitutional Court.
128
What did Harry Roque say about the arrest?
“You cannot right a wrong by committing another wrong. And that the legality of the arrest by which jurisdiction was acquired over the person of the accused should be reason enough to divest the court of jurisdiction to continue hearing the case,”
129
RA 9239
Optical Media Board
- regulates manufacture, distribution, and sale of optical media
- also aims to curb piracy
130
RA 9617
FDCP
-promotes and supports the development of the film industry
131
What does the NCCA Committee on Cinema do?
#NAME?
132
What is in the RA 11996 Eddie Garcia Law?
- 8-14 work hours
- animals must be accompanied by vets
- overtime pay
- occupational health and safety
- SEC 6-7 employer should execute an agreement
- SEC 12 mandatory benefits with SSS, PAG-IBIG, & PhilHealth)
- SEC 23 stablishes a council for industry consultation and policy advisement.
- SEC 24 stiffer policies of 100k, 200k, 300k
133
What is the tripartite council composed of?
1. Department of labor (DOLE)
2. Film Academy of the Philippines (FAP)
3. Department of Trade industry (DTI)
