Assignment No. 4 in Philippine Government and Constitution



1. Explain Article II, Section 8 of the 1987 Philippine Constitution EXTENSIVELY. Provide an example/case.

Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom
from nuclear weapons in its territory.


2. What are the THREE conditions or cases when a peace officer or private person may arrest a person WITHOUT a warrant of arrest?


3. Where can you find in the 1987 Philippine Constitution that states no person can be imprison because of debt? What is its purpose?

Deadline of Submission: March 12, 2011 (Saturday), 11:59PM

17 comments:

Anonymous said...

joana flores
BSHRM

ANSWER
1. the Philippines is free from nuclear responsibilities of the other country, therefore we are not included in nuclear wars in the near future.

ANSWER
2. Section 4.

The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.

All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.


ANSWER
3. G.R. No. 12632
BILL OF RIGHTS
ARTICLE III Section 20
No person shall be imprisoned for debt or non-payment of a poll tax.
to help people in the low class not to be in jail because of not paying their debts.
to protect the rights of human to live peacefully and democratically.

Anonymous said...

BUSADRE, JASON S.
BS IN INFORMATION TECHNOLOGY
PHILIPPINE GOVERNMENT AND CONSTITUTION

1. Article II Section 8 (1987 Constitution)

- The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

- Consistent of National Interest.
- Adopts and Pursues.
- Policy of Freedom.
- Non-Nuclear Weapons in its Territory.

- One example of this is the former Energy Secretary Angelo Reyes plan. To re-establish the Bataan nuclear power plant for the energy contingency plan of the Philippine government in effect of oil problems in Middle East. According to article 2 section 8; it has to be with the consent of NATIONAL INTEREST before it has to be re-established.

1973 ARTICLE IX (1973 Constitution)
The Prime Minister and the Cabinet. The Executive power shall be exercised by the Prime Minister with the assistance of the Cabinet. The Cabinet, headed by the Prime Minister, shall consist of the heads of ministries as provided by law. The Prime Minister shall be the head of the government.

- Another story is all about the Marcos regime where the Bataan nuclear power plan was first planned and established because of the executive power with the assistance of the cabinet, declared by the prime minister.

2. Rule 113 of the Revised Criminal Procedures

Section 5: Arresting without warrant when lawful. A peace officer or a private person may, without a warrant, arrest a person:

- When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.

- When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances 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 is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

3. Article III, Section 20 (Freedom from debtor’s Prisons)

- Ensures one is not punished due to poverty
- State power should not be used to coerce payment of debts

kers said...

Crisanto C Ada
BSCS

1.Explain Article II, Section 8 of the 1987 Philippine Constitution EXTENSIVELY. Provide an example/case.
Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom
from nuclear weapons in its territory.

ans. The Philippines under the article of DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES sec. 8 states that the Philippines, consistent with the national interest , adopts and pursues a policy of freedom from nuclear weapons in its territory.
This only further explain that the Philippines has a freedom to protect his countrymen from the foreign people, secure the national interest that the other countries has no right to interfere the right of the sovereignty of the Nation. Example: the fishing of the Malaysian men in our country they were not aware that it is already the archipelago of the Philippines that they’re fishing so the arm force of the Philippines caught thus men and reported their crime aside from that as I observed for the past year in my stay there is no intruder in our country that install nuclear weapons at least it was approved by the government.

2. What are the THREE conditions or cases when a peace officer or private person may arrest a person WITHOUT a warrant of arrest?
ans. Under Section 5, Rule 113 of the Revised Rules of Criminal Procedure, a peace officer or a private person may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
(b) When an offense has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; and
(c) 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.

3.Where can you find in the 1987 Philippine Constitution that states no person can be imprison because of debt? What is its purpose?

Ans. 1987 Philippine Constitution artcle III BILL OF RIGHTS Section 20. No person shall be imprisoned for debt or non-payment of a poll tax. The debtors are not legal to imprison the debtors cannot be arrested for not paying back the debts but may be arrested for not paying back at the time being incurred by the debt which is a form of fraud.

Anonymous said...

Assignment NO.4 in Philippine Government Constitution
Rebitazo.E

The Philippines is a nuclear- free country. No portion of its territory shall be used for the purpose storing nuclear weapons, devices or parts thereof. It is a command to the Philippine Government to insist in dealing with the other countries that pursuit of a policy or nuclear weapons should be a controlling guidelines. This provision could have affected the term of the basis treaty with the United States. ”national interest” it might be defined by the executive and legislative department.
We could find in the 1987 Philippine Constitution that the states no person can be imprison because of the debt in article III Section 20.As a citizen we have the right to make a person arrest even if without warrant of arrest the purpose is to we shall protect someone else from harm.
A peace officer or private person may arrest without warrant.
*the person can be arrest if he has committed or attempt to commit an offense.
*When an offense has just been committed and he has probable cause to believe based on their knowledge or circumstances that the person should be arrested
*the prisoner who has escaped from a penal establishment or the place where he is serving final judge ment or is temporarily confined while his case is pending

Anonymous said...

EPE LEPASANA 111
BSE ENG-1
PHIL. CONSTI.

1. Art 11 section 8. Of the Philippines constitution states that the Philippine government should be free from the nuclear weapon, there for they have implemented the rule which pursuing to a highly implemented law to become a nuclear free country. we should be aware also for this because we are also the victim if it is happened.
-example for this is former secretary Angelo Reyes plan to plant a nuclear power plant in Bataan. Which is very clear stated in the law that it is not in accordance with the law.. it says there that we should be free from the nuclear weapon or power nor to use the country for testing nuclear weapon.
2. When the person committed an offense and on the presence of the officer.
- When search is an accident to a lawful arrest.
- In case of contraband or forfeited goods carried by various means of transportation.
3. We can find it on Art111 section20 OF the 1987 Philippines constitution.
The purpose of why this law is implemented is that they want to clarify the wrong impression or wrong thinking of the other people who are afraid of maybe they get into prison because they didn’t pay their deft.

Anonymous said...

Jona Rose Escopel
BSE-English

1) Article II Section 8 of the 1987 Philippine Constitution stated that the Philippines consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapon.
This means that the state of the Philippines really prohibit the making, storing manufacture or testing in our country of nuclear weapons because those nuclear weapons are dangerous and can wiped out our country in the face of the planet even in a single drop of it.
Example for this is when the government stopped the building of the Bataan Nuclear Plant in Subic.If and only if the government will have changed the said provisions with the consent of the United State of America, the building of the said nuclear plant will be continued for the defense of the state.

2) The three conditions or cases when a peace officer or a private person may arrest a person without a warrant of arrest are;
a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.
b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it.
c) 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 is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

3) We can find in the Article III Section 20 of the Bill Of Rights that no person can be imprison because of debt.
The purpose of this is to secure the privacy of an individual, especially those individuals who engage in business. They are still giving chances and enough time to the debtors to pay for their debt.

Anonymous said...

MAY ANN CAMPOS
BSE-ENGLISH

1. Article2,Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapon in its territory.

Section 8 of article 2 mean or its intent is to forbid the making, storing, manufacture or testing in our country of nuclear weapons, devices or parts thereof as well as the use of or territory as dumping site for radioactive wastes and the transit within our territory of ships or planes with nuclear weapon.Congress will have to provide the mechanics to effectively implement Section 8.AS A SUBJECT TO EXCEPTION.if the national interest so dictates,the storing of nuclear weapons may be prohibited but it should have an agreement between the US.
My example of this is the former Energy Secretary Angelo Reyes plan to re-establish the Bataan nuclear power plant for the energy contingency plan of the Philippine government in effect of oil problems in Middle East. but as section 8 says,with the consent of NATIONAL INTEREST before it has to be re-established.

2.The cases or conditions when a peace officer o private person may arrest a person without a warrant of arrest are:
1.) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.

2.) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it.

3.) 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 is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

3.We can find it at 1987 Philippine Constitution Article III BILL OF RIGHTS Section 20. No person shall be imprisoned for debt or non-payment of a poll tax. The debtors cannot be arrested for not paying back the debts but may be arrested for not paying back at the time being incurred by the debt.The purpose of this law is for the debtors to have an enough time for him/her to pay his/her debts but it will depend on what they have agreed. He/she must have to pay at the right time or else he must be arrested.This law is also in favor for a debtor who don't have the ability to pay for his debt but he should be responsible for paying his debt at the right time of agreement of payment.

Anonymous said...

MARILYN S.J. BERGADO A.C.T.
1.The phillipines renounce war as instrument of national policy,adopts the generally accepted principle of international law as the part of the law of the land adhores to the policy of peace,equality,justice freedom,cooperation,and unity with all nation.president marcos also not oppusing views during his term in office.The people were surprice when he allowed the phillipines to give millitary support to the united states in the vietnam war.He made clear that sending of philliphines constitution, the country renouce was as an instrument of national policy.
3
2.RCW 10.31.100
Arrest without warrant.


A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through (10) of this section.

Anonymous said...

Jude Marck S. Bagsao
BSE-Eng
Philippine Govt. and Constitution
Friday; 12nn-3pm


1. The commission divided itself into fourteen committees and began work amidst great public interest, which, however, soon waned. Long, legalistic hearings were sometimes poorly attended. Aquino is known to have intervened to influence only one decision of the commission. She voiced her support of a loophole in the constitution's antinuclear weapons provision that allowed the president to declare that nuclear weapons, if present on United States bases, were "in the national interest."

The Southeast Asia nuclear weapons free zone The prohibition of nuclear weapons in Philippine territory is, in fact, not only mandated by the 1987
The Philippines calls for a Nuclear Weapons Convention
News story: April 19, 2010
At a thematic debate at the United Nations in New York today, the Philippines' foreign minister, Alberto Romulo, argued for a Nuclear Weapons Convention backed by a strong system of verification.
"Secretary-General Ban Ki-moon's five-point plan to achieve nuclear disarmament has not only presented a clear roadmap, but has also animated broad discussion on nuclear disarmament," he said.
"I note in particular the first point of his plan, which calls for the parties to the Treaty on the Non-Proliferation of Nuclear Weapons to pursue negotiations in good faith -- as required by the treaty -- on nuclear disarmament, either through a new convention or through a series of mutually reinforcing instruments backed by a credible system of verification."
The ambassador of the Philippines to the United Nations will chair the Non-Proliferation Treaty Review Conference in May.
During the same debate, the ambassadors from Morocco and Egypt also called for a Nuclear Weapons Convention.
http://www.icanw.org/node/5160

2. Section 5 of Rule 113 of the 1985 Rules on Criminal Procedure which provides:

Sec. 5. Arrest without warrant; when lawful.- A peace officer or a private person may, without a warrant, arrest a person:
(a) When in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
(b) When an offense has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; and
(c) 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.

http://www.chanrobles.com/cralaw199714.htm
3. THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
ARTICLE III
Bill of Rights
SEC. 20.
No person shall be imprisoned for debt or non-payment of a poll tax.

- Ensures one is not punished due to poverty
- State power should not be used to coerce payment of debts

Anonymous said...

Angelie Gayagaya
BEED 1

1.Base on article II sec.8,The philippines,consistent with the national interest,adopts and pursues a policy of freedom from nuclear weapon in its terrritory is to forbid the making,storing,manufacture or testing in our country of nuclear weapon,devices or parts therefor as well use of territory as dumping site for radioactive wastes and transit whithin our territory of ships or planes with nuclear weapon.We have some of the country planted a nuclear weapon like US,Ismael,Russia,Iran,North Korea,France,Germany and India.
2.The three condition or cases when a peace officer or private person may arrest a person without a warrant of arrest.
a.when in his presence the person to be arrested has committed, is actually committing, or is attempting to commit an offense.
b. when an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it.
c. when the person to be arrested is a prisoner who has escape from a penal establishment or place where he is serving final judgment or temporally confined, while his case is pending, or has escape while being transferred from one confinement to another.
3. You can find out the 1987 Philippines Constitution that state that no person can be imprison because of debt it was drafted by constitutional commission created under article 5 of proclamation number 3 issued on March 25 1986 which promulgated the provisional constitution or freedom constitution following the installation of a revolutionary government through a direct exercise of the power of the Filipino people.

Anonymous said...

Collado, Jamaica E.

1. Explain Article II, Section 8 of the 1987 Philippine Constitution EXTENSIVELY. Provide an example/case.
Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom
from nuclear weapons in its territory.-Sec8 was created to protect our country and be free from nuclear weapons and the constitution forbid of manufacturing, making , storing, and testing nuclear weapons in its territory because of the danger. And we believed on a nuclear free country and aside of it we do not need nuclear weapons. One best example is the Nuclear power plant in Bataan where it was stopped because of the constitution of 1987 article2, sec8.It is all about wasting time and money to re-establish it.
2a. the person can be arrest if he has committed or attempt to commit an offense.
b.When an offense has just been committed and he has probable cause to believe based on their knowledge or circumstances that the person should be arrested
c.the prisoner who has escaped from a penal establishment or the place where he is serving final judge ment or is temporarily confined while his case is pending
3. Article 3, sec 20. Stated that no person shall be imprisoned for debt or non-payment of a poll tax.
The purpose of it is to protect any individual to be imprisoned just for the debt however the law maker created the Staffa as the reciprocal of this law in which an individual will have a chance to pay his debt at a given time, if he failed to do it he will sued for Staffa.

Anonymous said...

Rowena Munoz
1.the philippines contitution states 1987, the aquino administration intensified the privitation of the business sector.The 1987 constitution does no9t favor an economy managed
or controlled by the state.Regarding the justice system,death penalty was abolished to give the criminals a chance to rehabilitate.For capital offenses, the penalty was imposed was reclusion perpetual or life imprisonment.
2.A search warrant is a court order issued by a judge or magistrate judge that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found.

Jurisdictions that respect the rule of law and a right to privacy put constraints on the powers of police investigators, and typically require search warrants, or an equivalent procedure, for searches conducted as part of a criminal investigation. An exception is usually made for "hot pursuit": if a criminal flees the scene of a crime and the police officer follows him, the officer has the right to enter a property in which the criminal has sought shelter. Conversely, in authoritarian regimes, the police typically have the right to search property and people without having to provide justification, or without having to secure the permission of a court.
Contents
[hide]Ans. 1987 Philippine Constitution artcle III BILL OF RIGHTS Section 20. No person shall be imprisoned for debt or non-payment of a poll tax. The debtors are not legal to imprison the debtors cannot be arrested for not paying back the debts but may be arrested for not paying back at the time being incurred by the debt which is a form of fraud.
3

Anonymous said...

Jomar R. Preclaro
ACT

1,The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.



2. There are three instances mentioned in Section 5 for a valid warrantless arrest: the in flagrante delicto arrest, hot pursuit arrest, and in the case of an escapee from prison. The most famous are the first two enumerated. The third one is really not complicated. When a prisoner escapes from prison, a warrant of arrest is no longer necessary.


3. ARTICLE III
Bill of Rights …section 20

fundamental law outlawed not only imprisonment for debt, but also the infamous practice, native to our shore, of throwing people in jail for non-payment of the cedula or poll tax.

Anonymous said...

Jomar R. Preclaro
ACT

1,The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.



2. There are three instances mentioned in Section 5 for a valid warrantless arrest: the in flagrante delicto arrest, hot pursuit arrest, and in the case of an escapee from prison. The most famous are the first two enumerated. The third one is really not complicated. When a prisoner escapes from prison, a warrant of arrest is no longer necessary.


3. ARTICLE III
Bill of Rights …section 20

fundamental law outlawed not only imprisonment for debt, but also the infamous practice, native to our shore, of throwing people in jail for non-payment of the cedula or poll tax.

Anonymous said...

Talosig Trishia Mae
BSE-English
Sir Raquel




1. Article # 2sec. 8
This article is all about in our Freedom from nuclear weapons.
This articles provides an aim for provision. it’s prohibited
Using weapons
In a peaceful way and for beneficial purposes and also the national interest

Sample: making nuclear weapons are not allowed by our government to make a test inside our country. It is not made for medical purposes or even in terms of agricultural.

2.
- person can be arrest if attempt to commit an offense.
- Aim of pre village
- And when immunity cannot be invoked.

3.Article # 3
it means that failure to pay a loan or a poll tax cannot be declared a crime.
however, that issuing a check without sufficient funds or fraudulent use of a credit card are considered crimes.

Anonymous said...

Diozon, Madelene C. BEED-2
1. In the Philippines they wanted to adopt the policy of freedom from nuclear weapons to protect our own country against the war and get the strong forces to maintain the possible incident that happens in or country. To follow after the nuclear weapons in making in its territory a policy like in USA, Israel and other country that have nuclear plant. But it is cause a big bang if these nuclear weapons adapted to the other country. And to made it up a new interest to build some weapons, to have an effective and strong foundation in the Philippines against the people who want to use it in the war.
2. The three conditions or causes when a peace officer or private persons may arrest a person without a warrant of arrest.
1. When the persons are caught on in act in his case like murder, homicide.
2. Have a strong evidence t other person.
3. When a person have a case in that day and within 24 hours they not see that person who was used that crime. They need to use a warrant of arrest.
4. Article III section 20 that no one can imprison because of debt.
To know that the debt is part of law but no one have crime of this kind of doing most of people right now.

Anonymous said...

Risa M. Ale

1. the Philippines constitution with the national interest adopts and pursues a policy of freedom weapons in its territory. Example America.
2.when the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment
2.when in his presence the person to arrested has committed
3. For me, in internal revenue code rather they reveal full knowledge of the provisions at issue and a studied however wrong that those provisions are invalid and unenforceable.

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