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Constitutional Law II Reviewer Finals
Constitutional Law II Reviewer Finals
Constitutional Law II Reviewer Finals
I. IMPORTANCE
II. SCOPE
1. Oral
2. Written
3. Symbolism
IV. ELEMENTS
TEST OF OBSCENITY
TESTS
The test of a lawful assembly should be the purpose for
which it is held, regardless of the auspices under which it is
organized. If the purpose of assembly is against public
welfare and safety, it has to be restricted and the acts are
punished.
RIGHT TO ASSOCIATION
ACCESS TO INFORMATION
CONTRACT
LAW
IMPAIRMENT
LIMITATIONS
KINDS
CHARACTERISTICS
BILL OF ATTAINDER
CHARACTERISTICS
Definition: A Bill of Attainder is a legislative act that inflicts
punishment without trial, its essence being the substitution
of legislative fiat (decree) for a judicial determination of
guilt. Often, such bills are simulated by ambition or
personal resentment, and vindictive malice.
Remember: Test Oaths (in Cummings v. Missouri) have been
held odious in modern ages, for two (2) reasons: One,
because they were inquisitorial: and the other, because they
were used as instruments of prescription and cruelty.
DEBT
CRIME
DEFINITION
APPLICATION
Refer to RPC 247 for the ruling on how the law punishes
those violate the involuntary servitude law.
CHAPTER 18: THE WRIT OF HABEAS CORPUS
DEFINITION:
WHEN AVAILABLE
PROCEDURE
It is not the writ itself but only its privilege that may be
suspended.
Procedure: 1.) File application for writ. 2.) If court finds the
petition in proper form, writ is issued.
Note: Once the person subject of the writ will be produced,
respondent, who detained the person shall be required to
justify detention. Furthermore, if the person in custody was
held for a crime covered by the proclamation suspending the
privilege of the writ of the habeas corpus and detained in a
place where such suspension is effective, the court shall
dismiss the petition.
Article III, Sec. 15, The privilege of the writ of habeas
corpus shall not be suspended except in cases of invasion or
rebellion, when the public safety requires it.
SELF-INCRIMINATION
SCOPE
WHEN AVAILABLE
WAIVER
CUSTODIAL INVESTIGATION
(4) The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and
rehabilitation of victims of torture or similar practices, and their
families.
BAIL
PRESUMPTION OF INNOCENCE
RIGHT TO BE HEARD
THE TRIAL
COMPULSORY PROCESS
PROHIBITED PUNISHMENTS
DOUBEL JEOPARDY
REQUISITES:
1.) Valid complaint or information (must not be defective.
Should be complete)
2.) Filed before a competent court (must have jurisdiction);
(3) to which the defendant had pleaded (there must be an
arraignment); and (4) of which he had been previously
acquitted or convicted or which was dismissed or
otherwise terminated without his express consent (there
is a judgment that is rendered final and executory).
APPEAL OF PROSECUTION
CRIMES COVERED
INSEPARABLE OFFENSES
Where an offense is inseparable from another and proceeds
from the same act, they cannot be the subject of separate
prosecutions.
However, it is possible for one act to give rise to several
crimes, in which case separate prosecutions for each crime
may be filed, provided the elements of the several crimes
are not identical.
Art. III, Sec 11. that free access to the courts and quasi-
judicial bodies and adequate legal assistance shall not be denied
to any person by reason of poverty.