PHILIPPINE BILL OF RIGHTS RULES AND REMEDIES_new.pdf

8/17/2019 PHILIPPINE BILL OF RIGHTS RULES AND REMEDIES_new.pdf

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JURISPRUDENTIAL AND HISTORICALPRESENTATION OF THE PHILIPPINE BILL OF

RIGHTS: RULES AND REMEDIES-Froilan Bacungan-

Chapter 1. Introduction.

1. What is constitutional law?

2. What are rights?

3. What are the different classification of rights?

4. What is the source of rights?

5. What are human rights?

6. What are the international laws on human rights?

7. What are the bill of rights?

8. How are the bill of rights enforced?

9. Is the Philippine Bill of Rights consistent with international law?

Chapter 2. History of the Philippine Bill of Rights

1. How were the rights of Filipinos guaranteed during the Spanish

period?

2. What are the bill of rights of Filipinos during the Revolutionary

period?

3. How were the rights of Filipinos protected during the American

occupation?

4. Describe the Bill of Rights under the 1935 and 1973 Constitution

Chapter 3. Police Power

1. What is police power?

2. What are the foundations of police power?

3. What is the scope and reach of police power

4. How do you distinguish police power from eminent domain?

5. How do you distinguish police power from taxation?

6. Can police power be diminished?

7. What is laissez faire?

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8. How do you distinguish police power and laissez faire?

9. What are the requirements for the valid exercise of police power?

10. Are there any limitations to the exercise of police power?

11. What are emergency measures?

12. Are emergency measures valid exercise of police power?13. What are the requisites for the valid enforcement of an

emergency measure?

14. Is the abatement of nuisance an exercise of police power?

15. Is the exercise of police power subject to judicial inquiry?

Chapter 4. Eminent Domain

1. What is eminent domain?

2. What are the requisites for the valid exercise of eminent domain?3. How is eminent domain exercised?

4. What constitutes “taking”?

5. What is the definition of public use and necessity of taking?

6. What is just compensation ?

7. What are the factors in determining just compensation?

8. What is the writ of possession?

9. What are the requirements for a local government unit to

expropriate?

10. Can a government owned and controlled corporationexpropriate?

Chapter 5. Taxation

1. What is tax ?

2. How do you distinguish tax from a license fee?

3. What is the nature and scope of taxation?

4. What are the limitations to the power of taxation?

5. Define the taxing power of the local government units6. What is meant by the principle of uniformity in taxation?

7. How are taxes deemed equitable?

8. When is a tax considered equitable?

9. What is double taxation?

10. Who are exempted from taxation?



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11. What is considered a discriminatory tax?

Chapter 6. Due Process of Law

1. What is due process?

2. How has due process evolved in Philippine Legal History?

3. What is substantive and procedural due process?

4. What is the balancing of interests principle?

5. Is due process a limitation on police power?

6. What are the requirements of due process in judicial

proceedings?

7. What are the requirements of due process in administrativeproceedings?

8. When is a tribunal considered impartial ?

9. What is the right to be heard and to present evidence?

10. What are the quantum of evidences required in proceedings?

11. What is the required form of a decision?

12. What is rule on vagueness or overbreadth as a concept of due

process?

13. What are the effects of violation of due process?

14. What are the effects for violation of substantive due process?15. What are the effects for violation of procedural process?

16. What are the requisites of administrative due process?

17. When is a tribunal considered competent and impartial in

administrative proceedings?

18. Will lack of jurisdiction invalidate a quasijudicial proceeding?

19. What are the requisites on notice and hearing in a quasi

judicial proceeding?

20. Does the filing and hearing of a motion for reconsideration

comply with the procedural due process requirement?21. Are there any exceptions to this rule ?

22. When is prior notice and hearing required in quasijudicial

proceedings?

23. When is prior notice and hearing not required in quasijudicial

proceedings?



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24. What is the substantial evidence requirement in quasijudicial

proceedings?

25. What are the elements of due process in employee dismissal?

26. What are the elements of due process in disciplinary cases

involving students?27. What is the requirement of due process in preliminary

investigation?

28. Is the right to counsel a due process requirement?

29. What are the requirements in quasilegislative proceedings

involving rate fixing?

Chapter 7. Equal Protection

1. What is the definition of equal protection?2. What is classification in equal protection cases?

3. What are the tests to determine validity of classification?

4. What constitutes equal protection of laws?

5. When may a subsequent law or condition render a law

violative of the equal protection clause?

Chapter 8. Search and Seizure

1. What are the constitutional safeguards against unreasonablesearch and seizure?

2. Are there any exceptions to the rule on warrantless search and

seizure?

3. Does the constitutional protection apply to public officers?

4. What are the requirements for issuance of a warrant?

5. Must the search warrant be for only one specific offense?

6. What are the requirements on the description of the things to

be seized?

7. What are the requirements on the designation of the place tobe searched?

8. Must the person to whom the warrant was issued be the

owner of the thing?

9. What is probable cause?

10. Who determines probable cause?



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11. What are searching questions?

12. What is the requirement of personal knowledge?

13. Will the absence of personal knowledge invalidate a warrant?

14. How and when is search conducted?

15. What are the requirements on warrantless search as incidentalto a lawful arrest?

16. When is there probable cause in warrantless search done by

police officers?

17. What is the plain view doctrine?

18. Are routine inspections covered by warrantless search and

seizure?

19. What is the rule on search of moving vehicles and aircraft?

20. What is the stop and frisk rule?

21. What is the rule on flagrante delicto?22. What is the rule on hot pursuit?

23. What is consented search?

24. What are the remedies when a warrant is illegal?

25. What is the effect of a failure to quash a warrant?

26. What are the effects of an illegal search?

27. What objections may be raised to evidence that are obtained

in an illegal search?

28. Who is liable in an illegal search?

Chapter 9. Communication and Correspondence

1. What forms of communication and correspondence are protected?

2. What is the rule on wire tapping?

3. Is the publication of an illegally intercepted communication allowed?

4. Are there any exceptions to the rule?

Chapter 10. Right to Privacy

1. What is the right to privacy?

2. What is the constitutional and legal bases of the right to privacy?

3. What is the rule on privacy and matters of public interest?

4. Can government intrude on the privacy of citizens?



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5. When is personal autonomy considered as an aspect of the right

to privacy?

Chapter 11. Freedom of Speech

1. How does the constitution protect freedom of expression?

2. What is freedom of expression?

3. What is freedom of speech?

4. How has freedom of speech evolved in Philippine legal history?

5. Why is speech protected?

6. What is the rule on the discovery of truth?

7. What is the rule on criticism of official conduct?

8. What is the rule on media practitioners exercise of the right to

free speech?9. How does the constitution protected media?

10.What is the rule on privileged communications?

11.What is the doctrine of fair comment?

12.What is the rule on clear and convincing proof of actual malice?

13.What are the tests on the validity of restrictions on freedom of

speech?

14.What is the dangerous tendency rule?

15.What is the clear and present danger rule?

16.What is the balancing of interests rule?17.What is the O’ Brien Test?

18.What are the restrictions on Speech?

19.What is the doctrine on vagueness or overbreadth ?

20. What is prior restraint?

21.What is the rule on compelled speech?

22. Are there constitutional constraints on time, place and manner

on speech?

23.What is the rule on student publications and other expressive

activities?24.What are the exceptions to free speech?

25. What is obscenity ?

26.What are the test to determine obscenity?

27.Is obscenity protected by free speech?

28.What is the rule on censorship?



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Chapter 12. Freedom of Assembly

1. What is the constitutional safeguard on free assembly andpetition?

2. May government regulate the exercise of free assembly and

petition?

3. What is the rule on the requirement of permit for public

assembly?

4. What is the rule on contentbased or contentneutral ground

for denial of a person’s right to assembly?

5. When is clear, present and grave danger sufficient ground for

denial of the right to assemble?6. What is the effect on violation of laws during the exercise of

one’s right to peaceably assemble?

Chapter 13. Free exercise of Religion

1. What religion is protected by the constitution?

2. How has the free exercise clause of religion evolved in

Philippine legal history?

3. What constitutes freed belief?4. What are the tests to determine the free exercise of religion?

5. What is the constitutional rule on the nonestablishment

clause of religion?

6. What are the reasons for the nonestablishment clause?

Chapter 13. Right to Travel

1. What is the right to travel?

2. What are the restrictions on the right to travel?3. What are the rules on the issuance of or denial of passport?



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Chapter 14. Right of People to Information

1. What is the constitutional rule on the right of the people to

information?2. How do you distinguish freedom of speech from the right to

information?

3. Is the right to information absolute?

Chapter 15. Freedom of Association

1. What is the rule on freedom of association?

2. Can government employees form unions?

3. Does the right to associate include the right to exclude members?

Chapter 16. Impairment of Contract

1. What is the nonimpairment clause?

2. What kinds of contract are covered by the constitution?

3. When is there impairment?

4. What are the exceptions to this rule?

Chapter 17. Access to Courts

1. What is the constitutional rule on access to courts?

2. What are the limitations to this rule?

Chapter 18. Custodial Investigation

1. What are the rights of persons under custodial investigation?

2. What is custodial investigation?

3. Is the right to counsel required in the custodial investigation?4. What are the duties of police officers in conducting custodial

investigation?

5. What are the effects for violating the rights of a person during

custodial investigation?



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Chapter 19. Right to Bail

1. What is the right to bail?

2. What are exceptions to the right to bail?

3. How is bail determined and set by court?4. What are the procedural requirements in granting and denying

bail?

Chapter 20. Rights of the Accused

1. What are the rights of the accused?

2. What is the right to be presumed innocent?

3. When is there a presumption of guilt arising from an

established fact?4. What is the equipoise rule?

5. What is the right to be informed?

6. What is the rule on the right to counsel during criminal

prosecution?

7. What are the consequences on the denial of the right to

counsel?

8. What is the right to remain silent?

9. When is there a right to confront and cross examine

witnesses?10. When is there a waiver of the right to cross examine?

11. What is the right to compulsory processes?

12. What is the right to speedy, impartial and public trial?

13. What constitutes an impartial trial?

14. What is the rule on public trial?

15. What is the right to appeal?

16. What is the liability of State on unjust conviction?

Chapter 21. Habaes Corpus

1. What is the writ of habeas corpus?

2. What are the grounds for issuance of the writ?

3. What are the remedies for denial of the writ?

4. Who may grant the writ?



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5. Who may file petition?

6. What must court inquire into?

Chapter 22. Right to Speedy Disposition of Cases

1. What are the rules on speedy disposition of cases?

2. What are the effects on the denial of the right?

Chapter 23. Right against SelfIncrimination

1. What is the right to selfincrimination?

2. What are the rules on the right to self incrimination?

3. What are the effects on the denial of the right to self

incrimination?

Chapter 24. NonImprisonment for Beliefs and Involuntary Servitude

1. What is the rule on nonimprisonment for political beliefs?

2. What is involuntary solitude?

3. What are the rules on involuntary solitude?

Chapter 25. Excessive Fines and Cruel Punishment

1. What is the rule on excessive fines ?

2. What are excessive fines?

3. When is punishment constitutionally declared as cruel?

4. What are the remedies in case of excessive fines and cruel

punishment?

Chapter 26. Nonpayment of debt or poll tax

1. What is the rule on nonpayment of debt or poll tax?2. What kind of debt is constitutionally covered?

3. What is poll tax?



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Chapter 27. Double Jeopardy

1. What is double jeopardy?

2. What are the elements of double jeopardy?3. When is there no double jeopardy?

4. When does double jeopardy not apply?

Chapter 28. Ex Post Facto and Bill of Attainder

1. What is an ex post facto law?

2. What is a bill of attainder?

3. What are the constitutional rules against ex post facto law and bill

of attainder?

Chapter 29. New Generation of Rights

1. What is the second generation of human rights?

2. What is the third generation of human rights?

3. What are the constitutional provisions enforcing the second and

third generation of human rights?

Chapter 30. Remedies on violation of rights

1. What is the writ of amparo?

2. How is the writ of amparo obtained?

3. How is the writ of amparo enforced?

4. What is the writ of habeas data?

5. How is the writ of habeas data obtained?

6. How is the writ of habeas data enforced?

7. What are the civil and administrative remedies for human rights

violations?



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Appendices:

1. Malolos Constitution provisions on the Bill of Rights2. 1935 Constitution on Bill of Rights

3. 1973 Constitution on Bill of Rights

4. 1987 Constitution on Bill of Rights


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PHILIPPINE BILL OF RIGHTS RULES AND REMEDIES_new.pdf