UNIVERSITY OF CAGAYAN VALLEY

(formerly Cagayan Colleges Tuguegarao)

VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
Email add: [email protected]

COLLEGE OF CRIMINAL JUSTICE EDUCATION

HUMAN RIGHTS EDUCATION
Final Examination

Name:____________________________ Score:_______________
Date:________________

PART I. Read the questions carefully and write the letter and correct answer in a separate answer sheet.

1. This is an aspect of due process which refers to the intrinsic validity of a law that interferes with the rights of a
person to his property.

2. This is an aspect of due process which means compliance to the procedures or steps, even periods, prescribed by
the statute, in conformity with the standard of fair play.

3. What are the requisites of substantive due process?

4. What are the essential elements of procedural due process?

5. A criminal statute that "fails to give a person of ordinary intelligence fair notice that his contemplated conduct is
forbidden by statute" is:

6. This Doctrine decrees that a governmental purpose may not be achieved by means in a statute which sweep
unnecessary broadly and thereby invades the area of protected freedom.

7. This doctrine states that a statute is VOID when it forbids or required the doing of an act in terms so vague that
men of common intelligence cannot necessarily guess its meaning and differ as to its application.

a. Void for Arbitrariness c. Void for Fair Notice

b. Void for Vagueness d. Void Conclusively

8. All except one referes to the requirements of procedural due process in judicial proceedings.

a. The court must be clothed with proper judicial power to hear and determine the matter before it

b. Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is
the subject of the proceeding

c. Judgment must be rendered upon lawful hearing

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 d. The complainant must be given an opportunity to be heard.

9. The following are the requisites for a valid classification except ONE:

a. Rests on substantial distinction c. Limited to existing conditions only

b. Germane to the purpose of the law d. Applies equally to all members of the same
class

10. This test is applied when the legislative classification disadvantages a subject class or impinges upon a
fundamental right, the statute must fall unless the government can show that the classification serves a compelling
governmental iterest.

a. Strict Scrutiny Test c. Rationality Test

b. Intermediate Scrutiny Test d. None of the above

11. This test is used when the classification, while not facially invidious, gives rise to recurring constitutional difficulties
or disadvantages a quasi-suspect class.

a. Strict Scrutiny Test c. Rationality Test

b. Intermediate Scrutiny Test d. None of the above

12. This test in determining equal protection is used if neither the strict nor the intermediate scrutiny is appropriate.

a. Strict Scrutiny Test c. Rationality Test

b. Intermediate Scrutiny Test d. None of the above

13. This test to determine the validity of governmental regulation requires that the evil consequences sought to be
prevented must be substantive, extremely serious and the degree of imminence extremely high.

a. Dangerous Tendency Doctrine c. Clear and Present Danger Rule

b. Balancing of Interest Test d. None of the above

14. This doctrine under the freedom of religion implements the principle of separation of church and state.

a. Non-Establishment Clause c. Free Exercise of Religion Clause

b. Benevolent Neutrality d. None of the above

15. This doctrine entails the right to believe, which is absolute and the right to act on one's belief.

a. Non-Establishment Clause c. Free Exercise of Religion Clause

b. Benevolent Neutrality d. None of the above

16. This is the existence of such facts and circumstances that would lead a reasonably discreet and pruent man to
believe that an offense has been committed by the person sought t be arrested or heald for trial, as the case may be.

a. Probable Cause c. Short Cause

b. Proximate Cause d. Process Cause

17. This inherent power of the state refers to the acquisition of property for some public purpose through payment of
just compensation.

a. Police Power c. Emanent Domain

b. Eminent Domain d. Power of Taxation

18. Just compensation is determined by:

a. The court/judge c. The owner of private property

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 b. The government agency taking the property d. The Barangay

19. It refers to the principle that contracts should not be tampered with by subsequent laws that would change or
modify the right and obligations of the parties.

a. Non-impairment clause c. Contract bar rule

b. Non-impatient clause d. Contract only rule

20. It refers to the questioning initiated by a law enforcement officer after a person has been taken into custody.

a. Custodial investigation c. Inquest

b. Custom investigation d. Preliminary Investigation

21. This is a right of the accused where he/she is entitled to an acquital, unless his guilt is shown beyond reasonable
doubt.

a. Right to Bail c. Right to be Heard

b. Presumption of Innocece d. Right to Counsel

22. This is a right of the accused where he/she is entitled to the opportunity of verbal arguments and defenses thru
pleadings.

a. Right to Bail c. Right to be Heard

b. Presumption of Innocence d. Right to Counsel

23. This is a right of the accused guaranteed by the Constitution to be represented during investigation, arraignment
trial, and on appeal.

a. Right to Bail c. Right to be Heard

b. Presumption of Innocece d. Right to Counsel

24. The right to speedy, impartial and public trial involves the inhibition of _______ in case of conflict of interest.

a. Judge c. Defendant's counsel

b. Prosecutor d. The Police

25. The right of the accused to secure opportunity of cross examination.

a. Right to Bail c. Right to Confrontation

b. Presumption of Innocece d. Right to Counsel

PART II. Write "True" or "False" on your answer sheets. "True" if the statement is correct and "False" if the statement
is wrong.

1. Administrative due process cannot be fully equated with due process in its strct judicial sense.
2. The Judge cannot issue a search warrant if probable cause is ot present.
3. In flagrante delicto is a type of a valid warrantless arrest where the arrested person has seen to have committed
the crime in front of the arresting officer.
4. A person may be validly arrested without a warrant when the accused was released on bail and attempts to
depart from the Philippines without permission of the court.
5. A person who was found guilty of commiting treason may be validly arrested without a warrant if seen in the
middle of the streets of Tuguegarao.
6. The valid warrantless search in plain view requires that the evidence must be immediately apparent.

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 7. Law enforcers cannot act solely on the basis of confidential or tipped informaton in situatiosns involving
warrantless searches and seizures.
8. The stop and frisk rule applies when a police officer observes suspicious activity or unusual activity which may
lead him to believe that a criminal act may be afoot.
9. An evidence obtained through illegal or unlawful means should be excluded in evidence.
10. Obscenity is not a protected expression
11. There can be a valid intrusion of a person's communications and correspondence when there is a lawful order
of the court.
12. A search warrant has a constitutional requirement of generality.
13. The right to liberty of abode s absolute.
14. The right to travel may be impaired in the interest of social security, private right and personal health.
15. As students and a member of the society, you have the right to information on all national security matters.
16. Under the Miranda Rights, an accused has the right to remain standing.
17. Under the Miranda Rights, an accused has the right to have a counsel during the investigation.
18. A waiver inorder to be effective must be put into writing.
19. Bail is a matter of right in all cases within the competence of MTC, MCTC, MTCC, or MeTCs.
20. When the guilt of the accused is not strong, bail is a matter of right even when the accused is penalized with
reclusion perpetua. life imprisonment or death.
21. The accused is presumed not innocent until proven otherwise.
22. There can be a trial without the accused
23. The judge can exclude the public from the courtroom without violating the right of the accused to a public trial.
24. Bail is a matter of discretion upon conviction of the accused to the Supreme Court.
25. The three (3) branches of the government are the Executive, Legislative and Congress.

Part III. 10 points each. Comprehensively discuss the following in 3-5 sentences. A concrete example of each is
allowed:

1. Social Justice
2. Writ of Habeas Corpus
3. Writ of Habeas Data
4. Writ of Amparo
5. Ex Post Facto Law

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