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POLSCI2

Take Home Quiz

Submitted by: 12/28/2011 [Type text]

Raymond S Nuylan - 0710416

1. Discuss the Archipelagic doctrine in the international law for the Philippine islands. Under the Archipelagic doctrine, the Philippine Archipelago is considered as one integrated unit instead of being divided into more than seven thousand island. Central to the archipelagic doctrine is the concept of equality between landmasses, where each island regardless of size is treated in the same manner as all others. By using this Method, the outermost point of our archipelago is connected with straight baseline and all waters inside the baseline are considered as internal waters. The archipelagic doctrine which is preserved in Article 1 of the 1987 Constitution is the fundamental pillar of the Philippines perception of national territory. Since the 1950s, the Philippines have pushed this principle, which led to the so-called "Archipelagic Doctrine" in international law and has become the legal and political basis for considering our 7,107 islands as one political unit. The "Archipelagic Doctrine" is one of the most important contributions of the Philippines to the international legal system. 2. What is a Republican State? A republican state is a country with a republic form of government in which people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by people. Give some manifestations of a republican state. The existence of a bill of right The observance of the rule of majority The observance of the principle that ours is a government of laws, and not of men The presence of election through popular will The observance of the principle of separation of powers and the system of checks and balances The observance of the principle that the legislation cannot pass irrepealable laws The observance of the law on public officers The observance of the principle that the State cannot be sued without its consent

3. Discuss the principle of separation of powers. The Philippines adopted the principle of the separation of powers from the United States Federal Constitution. The principle of separation of powers is designed to avoid tyranny by preventing the concentration of the sovereign authorities of state in one body. It is in agreement with the first principle preserved in Section 1 Article III of the present Constitution which clearly recognizes that the Philippines as a democratic and republican State. The principle of separation of powers provides the structure for Limited Government, and the Power interrelationships vital to a Free and Independent Judiciary, it is a basic institutional precaution of Democracy and Civil Liberty. The government consists of the Legislative, the POLSCI 2 TF 7:00 am 8:30 am

Executive, and the judicial branches. Each Branch is considered equal to the others but as a separate and distinct division, and may exercise only the Power lodged with it. 4. What are the manifestations of supremacy of civilian over the military? As stated in Section 1 and Section 3 of Article II of the Philippine Constitution: Sovereignty resides in the people and all government authority emanates from them, The Armed Forces of the Philippines is the protector of the people and the State. One of the Basic Principles of the Philippine Constitution indicated the supremacy of the civil authorities over the military, thus making the president, Commander-in-Chief of all the armed forces which is duly elected by the people of the state. 5. Explain the principle of separation of church and state. The idea of the separation of church and state denotes to the distance in the affiliation concerning organized religion and the state. This separation is entrenched in the principle of intellectual freedom which means that every individual should be free to think about and accept any idea he chooses. To say that church is separate from state means that the state makes no evaluation of its citizens ideas, religious or otherwise. The states concern is only with mens actions, specifically actions that intrude on individual rights. It neither oppresses nor tolerates nor endorses ideas. In contrast, to say that state is separate from church means that a citizenincluding any faction of them, such as a churchis incapable of using the states coercive power to penalize or support ideas, religious or otherwise. If a citizen wants to obstruct or support an idea, he must argue his case with others, not enact a law. 6. Define due process of law. The due process of law is the vital, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property and also a constitutional assurance that a law shall not be unreasonable, Arbitrary, or unreliable. What are the two aspects of due process of law and discuss each. There are two aspects of due process, which are referred to as substantive due process and procedural due process. Substantive due process deals with the fairness of laws, basically it refers to the reason or cause for the dispossession of the liberty or property right, while procedural due process deals with governmental methods and how they are used wherein it refers to the procedures which must be followed before the liberty or property right is deprived by the state.

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What are the requirements of the due process of law in administrative proceedings? They are: 1. The right to a hearing, which includes the right to present ones case and submit evidence in support thereof; 2. The tribunal must consider the evidence presented; 3. The decision must have something to support itself; 4. The evidence must be substantial; 5. The decision must be based on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected; 6. The tribunal or body or any of its judges must act on its own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate; 7. The Board or body should, in all controversial questions, render its decision in such manner that the parties to the proceeding can know the various issues involved, and the reason for the decision rendered. 7. What is search warrant? A search warrant is a court document that authorizes police officers to search a person or place to obtain evidence for presentation in criminal prosecutions. Police officers obtain search warrants by submitting affidavits and other evidence to a judge or magistrate to establish Probable Cause to believe that a search will yield evidence related to a crime. If satisfied that the officers have established probable cause, the judge or magistrate will issue the warrant. What is warrant of arrest? An Arrest warrant is court order, issued on a probable cause, authorizing a law enforcement officer to arrest an individual and present him or her before the court. Probable Cause: is meant such facts and circumstances antecedent to the issuance of a warrant sufficient themselves to induce a cautious man to rely upon them and act in pursuance thereof. When search and arrest may be made without warrant? Warrantless search can be done when: When a person voluntarily submits himself to a search, a warrant therefor is unnecessary. Search and seizure incident to a lawful arrest Searches of moving vehicles Searches of prohibited articles in plain view Search and seizure by customs authorities Stop and frisk (limited protective search of outer clothing for weapons) Routine searches at borders and ports of entry

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Regulatory searches. Administrative and executive officials do at times conduct inspections of premises and establishments in the exercise of their regulatory or licensing powers A peace officer or private person may, without a warrant, arrest a person:

When the person to be arrested has committed, is actually committing, or is about to commit an offense in his presence; When an offense has in fact been committed, and he has reasonable ground to believe that the person to be arrested has committed it; When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

8. What are the limitations on the right to travel? In Article III of the Philippine constitution, as stated in section 6 of the Bill of rights 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. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. Anyone considered as a concern to the nations security shall be put to hold in traveling overseas. 9. What are the factors to be considered in imposing bail? The factors to be considered at a bail hearing are: The seriousness and nature of the offense charged The apparent probability of conviction The likely sentence The ties of the defendant to the community The reputation of the defendant The employment status of the defendant The educational background of the defendant The prior criminal record of the defendant The financial condition of the defendant Whether the defendant has missed previous court dates Who may invoke the right to bail? A person under detention even if no formal charges have yet been filed (Rule 114, Rules of Court)

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10. What is the writ of habeas corpus? Habeas corpus is the name of a legal action or writ by means of which captives can pursue release from illegal detention. The writ of habeas corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action. How does the writ of habeas corpus operate? The detainee or any individual on his behalf appeals the proper court, which immediately issues the court order. It is sent to the person having another in his custody. Such person is ordered to present the detainee in court at a specified time, together with an explanation of the cause of the detention, called the return. After the order is obeyed, the judge examines the return and then decides whether it shows that the detention is authorized by law. If so, the detainee is sent back to custody; otherwise, he is set free at once by the judge. What are the grounds and duration in the suspension of the privilege writ of habeas corpus? The writ of habeas corpus may be suspended in order to prevent any violence in cases of rebellion or insurrection as stated in Article III, Section 15 of the 1987 Constitution. The
President may suspend the privilege of the writ for a period not exceeding sixty days, or place the Philippines or any part of the country under martial law.

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Sources and References:

http://www.reference.com/motif/society/archipelagic-doctrine http://leaderspress.hubpages.com/hub/Meaning-of-Archipelago-Doctrine-Philippine-Law-andInternational-Law http://answers.yahoo.com/question/index?qid=20060621033608AAckO1p http://en.wikipedia.org/wiki/Republic http://www.slideshare.net/ncjopson/article-ii www.ialsnet.org/meetings/enriching/carlota.pdf http://law.upd.edu.ph/plj/images/files/PLJ%20volume%2058/PLJ%20volume%2058%20third%2 0quarter%20-01-%20Perfecto%20V.%20Fernandez%20%20Separation%20of%20Powers%20as%20Juristic%20Imperative.pdf http://library.thinkquest.org/27998/data/constitution2.html http://www.newsflash.org/2004/02/ht/ht009575.htm http://en.wikipedia.org/wiki/Separation_of_church_and_state http://principlesofafreesociety.com/separation-of-church-and-state/ http://legal-dictionary.thefreedictionary.com/Due+Process+of+Law http://answers.yahoo.com/question/index;_ylt=Au85ZXcG7dGSA7u_F7LDW8IjzKIX;_ylv=3?qid= 20111130200721AAqjaVj http://www.scribd.com/doc/59999182/3/E-RIGHT-TO-BAIL http://uber2002.wordpress.com/2010/11/06/what-are-the-requisites-of-procedural-dueprocess-in-administrative-proceedings/ http://legal-dictionary.thefreedictionary.com/search+warrant http://www.businessdictionary.com/definition/arrest-warrant.html http://www.chanrobles.com/letterofinstructions/letterofinstructionsno621.html http://yukiasakura.multiply.com/journal/item/12 http://defensewiki.ibj.org/index.php/Bail http://www.scribd.com/doc/59999182/3/E-RIGHT-TO-BAIL http://en.wikipilipinas.org/index.php?title=Writ_of_habeas_corpus http://uber2002.wordpress.com/2010/11/17/how-does-the-writ-of-habeas-corpus-operate/ http://en.wikipedia.org/wiki/Philippine_habeas_corpus_cases

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