Article 3 Bill of Rights
bill of rights...
ARTICLE III BILL OF RIGHTS 1. Civil Rights – rights appertaining to a person by virtue of his citizenship in a state or community 2. Political Rights – right to participate, directly or indirectly, in the establishment or administration of government Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. Notes DUE PROCESS Life – right of an individual to his body in its completeness, free from dismemberment, and extends to the use of God-given faculties which make life enjoyable Liberty – right to be free from arbitrary personal restraint or servitude Property – anything that can come under the right of ownership and be the subject of contract Aspects of Due Process 1. Substantive Due Process – serves as a restriction on the law and rule-making powers of the government Requisites 1. The interests of the public, in general, require the intervention of the State 2. The means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive on individuals 2. Procedural Due Process – serves as a restriction on actions of judicial and quasi-judicial agencies of government
Requisites 1. An impartial court or tribunal clothed with judicial power to hear and determine the matter before it. 2. Jurisdiction must be lawfully acquired over the person of the defendant and over the property of the defendant and over the property which is the subject matter of the proceeding. 3. The defendant must be given an opportunity to be heard. 4. Judgment must be rendered upon lawful hearing. Due Process Requirements in Administrative Cases (Ang Tibay v. CIR) EQUAL PROTECTION CLAUSE Equal Protection – All persons or things similarly situated should be treated alike, both as to rights conferred and responsibility imposed. Scope of Equality 1. Economic 2. Political 3. Social Valid Classification – Persons or things ostensibly similarly situated may, nonetheless, be treated differently if there is a basis for valid classification Requisites 1. Substantial distinctions which make for real differences 2. Germane to the purpose of the law 3. Not limited to existing conditions only 4. Must apply equally to all members of the same class Section 2. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue EXCEPT upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. Notes Search Warrant Probable Cause in Search Warrant – such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched Requisites for Issuing a Search Warrant (Sec. 4 and 5): 1. there must be probable cause 2. the search warrant must be in connection with one specific offense 3. he must personally examine in the form of searching questions and answers the complainant and the witnesses he may produce 4. the examination must be under oath or affirmation, and in writing (written deposition) 5. the complainant and the witness must produce/ testify on facts personally known to them 6. the sworn statements and affidavits must be attached to the record 7. the search warrant must particularly describe the place to be searched and the things to be seized which may be anywhere in the Philippines
8. It must not have been issued more than 10 days prior to the search made pursuant thereto Properties subject to seizure (Sec. 2, Rule 126) 1. Subject of the offense 2. Stolen or embezzled property and other proceeds or fruits of the offense 3. Property used or intended to be used as means for the commission of an offense General Rule: A search must be accompanied by a search warrant. Exceptions: Warrantless searches and seizures: 1. Warrantless search incidental to a lawful arrest The item to be searched was within the arrestee’s custody or area of immediate control The search was contemporaneous with the arrest Remember that the arrest must be lawful! 2. Seizure of evidence in plain view A prior valid intrusion based on the valid warrrantless arrest in which the police are legally present in the pursuit of their official duties (the intrusion must be lawful) The evidence was inadvertently discovered by the police who had a right to be where they are The evidence must immediately apparent Plain view justified mere seizure of evidence without further search (Padilla v. CA) 3. Search of a moving vehicle When officers have a reasonable or probable cause to believe, before the search, that motorist is a lawoffender, or the contents of the vehicle are or have been instruments of an offense (Padilla v. CA) A warrantless search of a moving vehicle is justified on the ground that it is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which it must be sought. Probable cause, nevertheless, is required. 4. 5. 6.
Consented warrantless search Customs search Stop and frisk Test: Where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous, he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him.
Exigent and emergency circumstances
Warrant of Arrest Probable Cause in Issuing a Warrant of Arrest (judge) - probable cause is the existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted. Probable Cause (prosecutor) - whether there is reasonable ground to believe that the accused is guilty of the offense charged and should be held for trial
to be determined personally by the judge It is sufficient that the judge should personally evaluate the report and supporting documents submitted by the prosecution in determining probable cause. In cases when it is the judge who himself conducts the preliminary investigation, for him to issue a warrant of arrest, the investigating judge must 1. Have examined, under oath and in writing, the complainant and his witnesses 2. Be satisfied that there is probable cause, and 3. That there is a need to place the respondent under immediate custody in order not to frustrate the ends of justice Arrest - Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. (Sec. 1) An arrest is made by: 1. an actual restraint of the person to be arrested 2. by his submission to the custody of the person making the arrest (Sec. 2) Warrantless Arrest Sec. 5. Arrest without warrant; when lawful. – A peace officer or a private person may, without a warrant, arrest a person: (Memorize verbatim!) (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; 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 is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112.
Probable cause in warrantless arrest – a reasonable ground for suspicion supported by circumstances sufficiently strong in themselves as to warrant a reasonable man in believing the accused to be guilty Two Standards in Determining Personal Knowledge: 1. actual belief 2. reasonable grounds of suspicion – reasonable when, in the absence of actual belief of the arresting officers, the suspicion that the person to be arrested is probably guilty of committing the offense is based on actual facts Probable cause is an actual belief or reasonable grounds of suspicion. The grounds of suspicion are reasonable when, in the absence of actual belief of the arresting officers, the suspicion that the person to be arrested is probably guilty of committing the offense is based on actual facts, i.e., supported by circumstances sufficiently strong in themselves to create the probable cause of guilt of the person to be arrested. A reasonable suspicion therefore must be founded on probable causes coupled with good faith of the peace officers making the arrest. (People v. Tudtud)
Section 3. (1) The privacy of communication and correspondence shall be inviolable EXCEPT upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. Notes R. A. 4200 In Ramirez v. CA, it was held that R. A. 4200 clearly and unequivocally makes it illegal for any person, not authorized by all the parties to any private communication, to secretly record such communications by means of a tape recorder. Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. Notes
Aspects 1. freedom from censorship or prior restraint 2. freedom from subsequent punishment freedom from censorship or prior restraint O’Brien Test A government regulation is valid if 1. it is within the constitutional power of the government 2. it furthers an important or substantial government interest 3. the governmental interest is unrelated to the suppression of free expression 4. the incidental restriction on the freedom is no greater than is essential to the furtherance of that interest Overbreadth Doctrine – prohibits government from achieving its purpose by means that sweep unnecessarily broadly, reaching constitutionally protected as well as unprotected activity Tests of valid governmental interference 1. Clear and Present Danger Rule – whether the words are used in such circumstances and of such a nature as to create a clear and present danger that they will bring about the substantive evils that the State has the right to prevent. The substantive evil must be extremely serious and the degree of imminence extremely high before utterances can be punished. 2. Dangerous Tendency Rule – if the words uttered create dangerous tendency of an evil which the State has the right to prevent, then such words are punishable 3. Balancing of Interests Test – When a particular conduct is regulated in the interest of public order, and the regulation results in an indirect, conditional or partial abridgment of speech, the duty of the courts is to determine which of the two conflicting interests demands the greater protection under the particular circumstances presented.
freedom from subsequent punishment 1. Libel - Art. 353, RPC 2. Obscenity Test of Obscenity (Miller v. California) 1. Whether the average person, applying contemporary standards, would find that the work, taken as a whole, appeals to the prurient interest 2. Whether the word depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and 3. Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. Notes Non-Establishment Clause (Everson v. Board of Education) - the State cannot set up a church, nor pass laws which aid one religion, aid all religion or prefer one religion over another, nor force nor influence a person to go to or remain away from church against his will or force him to profess a belief or disbelief in any religion Exceptions to Non-Establishment Clause 1. Sec. 28(3), Art. 6 – exemption from taxation of properties actually, directly and exclusively used for religious purposes 2. Sec. 4(2), Art. 14 – citizenship requirement of ownership of educational institutions, except those established by religious groups and mission boards
3. Sec. 3(3), Art. 14 – optional religious instruction in public elementary and high schools, at the option expressed in writing by the parents or guardians, religious instruction taught within regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government 4. Sec. 29(2), Art. 6 – appropriation allowed where the minister or ecclesiastic is employed in the armed forces, in a penal institution, or in a government-owned orphanage or leprosarium Ecclesiastical affair – one that concerns doctrine, creed or form of worship of the church, or the adoption and enforcement within a religious association of needful laws and regulations for the government of the membership, and the power of excluding from such associations those deemed unworthy of membership Compelling State Interest Test Benevolent neutrality recognizes that government must pursue its secular goals and interests, but at the same time, strive to uphold religious liberty to the greatest extent possible within flexible constitutional limits. Thus, although the morality contemplated by laws is secular, benevolent neutrality could allow for accommodation of morality based on religion, provided it does not offend compelling state interest. 1. Whether the right of respondent to religious freedom has been burdened 2. To ascertain the sincerity of the respondent in her religious belief Section 6. 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.
Notes Right to abode Art. 13, Universal Declaration of Human Rights, and Art. 12, Covenant on Civil and Political Rights provide that everyone has the right of freedom of movement and residence within the border of each State. Right to travel Art. 13(2), UDHR provides that everyone has the right to leave any country, including his own, and to return to his country. Art. 12 (4), CCPR provides that n one shall be arbitrarily deprived of the right to enter his own country. A lawful order of the court is also a valid restriction on the right to travel (Manotoc v. CA). See also Defensor-Santiago v. Vasquez. See Marcos v. Manglapus. Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. Notes The right to information contemplates inclusion of negotiation leading tot eh consummation of the transaction (Chavez v. PEA and Amari).
Exceptions 1. privileged information 2. information on military and diplomatic secrets 3. information affecting national security 4. information on investigations of crimes by law enforcement agencies before the prosecution of the accused Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. Notes The right to strike is not a part of the freedom of expression and the right to peaceably assemble and petition the government for redress of grievances. Section 9. Private property shall not be taken for public use without just compensation. Section 10. No law impairing the obligation of contracts shall be passed. Notes Requisites 1. the impairment of the obligation of the existing contract must be substantial 2. the law must effect a change in the rights of the parties with reference to each other, and not with respect to non-parties Impairment – anything that diminishes the efficacy of the contract Substantial impairment – when the law changes the terms of a legal contract between the parties, either in the time or mode of performance, or imposes new conditions, or dispenses with those expressed, or authorizes for its satisfaction something different from that provided in its terms
Limitations 1. police power 2. eminent domain 3. taxation Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. Notes
The rights guaranteed in Sec. 12, Art. 3 exist only in custodial investigation. The rule begins to operate as soon the investigation ceases to be a general inquiry into an unsolved and direction is then aimed upon a particular suspect who has been taken into custody and to whom the police would then direct interrogatory questions which tend to elicit incriminating statements. The rights guaranteed by this provision refer to testimonial compulsion only. R. A. 7438 (when counsel may be substituted) In People v. Espanola, the Supreme Court said that the right to counsel still applies in certain pre-trial proceedings that are considered critical stages in the criminal process. Custodial interrogation before or after charges have been filed and noncustodial interrogation after the accused has been formally charged, are considered critical pre-trial stages in the criminal process. Two kinds of involuntary or coerced confessions 1. coerced confessions as the product of physical violence and threats 2. uncounselled statements given without the benefit of the Miranda warning The right to remain silent and the right to counsel may be waived but not the right to be informed of these rights. Fruit of the poisonous tree doctrine – once the primary source is shown to have been unlawfully obtained, any secondary or derivative evidence derived from it is also inadmissible. This rule is based on the principle that evidence illegally obtained by the State should not be used to gain other evidence, because the originally illegally obtained evidence taints all evidence subsequently obtained. Section 13.
All persons, EXCEPT those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. Notes Bail – the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as may be required (Rule 114, Sec. 1) The right to bail can be availed of only by a person who is in custody of the law or otherwise deprived of his libety. Bail, as a matter of right Bail, when discretionary Bail, when must be denied Bail in Extradition Cases This Court, in Mejoff v. Director of Prisons, in granting bail to a prospective deportee, held that under the Constitution the principles set forth in the Universal Declaration of Human Rights are part of the law of the land. If bail can be granted in deportation cases, considering that the UDHR applies to deportation cases, there is no reason why it cannot be invoked in extradition cases. (Govt of HK v. Olalia) In Puruganan, a new standard, clear and convincing evidence, should be used in granting bail in extradition cases. The standard is lower than proof beyond reasonable doubt but higher than preponderance evidence. The potential extradite must prove by
clear and convincing evidence that he is not a flight risk and will abide with all the orders and processes of the extradition court. Section 14. (1) No person shall be held to answer for a criminal offense without due process of law. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable. Notes Elements of Due Process 1. the accused has been heard in a court of competent jurisdiction 2. the accused is proceeded against under the orderly processes of law 3. the accused has been given notice and opportunity to be heard 4. the judgment rendered was within the authority of a constitutional law Requirements whenever the accused pleads guilty of a capital offense 1. the trial court must conduct a searching inquiry into the voluntariness of the plea and the full comprehension of the consequences thereof
2. the prosecution shall be required to present evidence to prove the guilt of the accused and the precise degree of his culpability 3. the accused must be asked if he desires to present evidence on his behalf and allow him to do so if he so desires In order that circumstantial evidence may warrant conviction, the following requisites must concur 1. there is more than one circumstance 2. the facts from which the inferences are derived are proven 3. the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt Equipoise rule – applicable where the evidence adduced by the parties are evenly balanced in which case the constitutional presumption of innocence should tilt the scales in favor of the accused The right to counsel during the trial is not subject to waiver because even the most educated man may be convicted not because he is guilty but because he does not know how to establish his innocence. No valid waiver of the right to remain silent or to counsel can be made by a person under custodial interrogation without the assistance of counsel. Right to be informed of the nature and cause of the accusation against him (Rationale) 1. to furnish the accused with such a description of the charge against him as will enable him to prepare for his defense 2. to avail himself of his conviction or acquittal for protection against a further prosecution for the same cause 3. to inform the Court of the facts alleged so that it may decide whether they are sufficient in law to support a conviction Requisites The information must state 1. the name of the accused
2. the designation given to the offense by statute 3. a statement of the acts or omission so complained of as constituting the offense (all the elements) 4. the place where the offense had been committed Void for Vagueness Rule - The accused is also denied the right to be informed of the charge against him, and to due process as well, where the statute itself is couched in such indefinite language that it is not possible for men of ordinary intelligence to determine therefrom what acts or omissions are punished. In such a case, the law is deemed void. Different interests of the defendant which the right to speedy trial are designed to protect are 1. to prevent oppressive pre-trial incarceration 2. to minimize anxiety and concern of the accused 3. to limit the possibility that the defense will be impaired R. A. 8493 (The Speedy Trial Act) The arraignment of an accused shall be held within 30 days from filing of the information, or from the date the accused has appeared before the justice, judge or court in which the charge is pending whichever date last occurs. Where a plea of not guilty is entered, the accused shall have at least 15 days to prepare for trial. Trial shall commence within 30 days from arraignment as fixed by the court. In no case shall the entire trial period exceed 180 days from the first day of trial, except as otherwise authorized by the Chief Justice of the Supreme Court. Right to compulsory process to secure the attendance of witnesses and the production of evidence Two Kinds of Subpoena 1. Subpoena ad testificandum – to compel a person to testify 2. Subpoena duces tecum – to compel the production of books, records, things or documents therein specificied Requisites
1. The books, documents, or other things requested must appear prima facie relevant to the issue subject of the controversy (test of relevancy) 2. Such books must be reasonably described by the parties to be readily identified (test of definiteness) Trial in Absentia The presence of the accused is mandatory 1. During arraignment and plea 2. During trial, for identification by the witnesses of the accused 3. During promulgation of sentence, unless for a light offense wherein the accused may appear by counsel or a representative Section 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. Notes Writ of Habeas Corpus – a writ issued by a court directed to a person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention to do, to submit to, and to receive whatever the court or judge awarding the writ shall consider in his behalf The writ may also be availed of where, as a consequence of a judicial proceeding 1. there has been deprivation of a constitutional right resulting in the restraint of the person 2. the court has no jurisdiction to impose the sentence, or 3. an excessive penalty has been imposed, since such sentence is void as to the excess
Section 18, Art. 17. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it. The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing. A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus. The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.
During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.
Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Notes This right is violated only when the proceedings are attended by vexatious, capricious and oppressive delays. Section 17. No person shall be compelled to be a witness against himself. Notes Scope of Immunity 1. transactional immunity – makes the witness immune from criminal prosecution for an offense to which his compelled testimony relates 2. use and fruit immunity - prohibits the use of the compelled testimony and its fruits in any manner in connection with the criminal prosecution of the witness Before the case is filed and after having been taken to custody the continuing right to remain silent and to counsel, and to be informed thereof, not to be subjected to force, violence, threat, intimidation or any other means which vitiates the free will After the case is filed to refuse to be a witness and not to have any prejudice whatsoever results to him by such refusal to testify in his own behalf subject to cross and while testifying, to refuse to answer a specific question the answer to which tends to incriminate him for some crime other than that for which he is being prosecuted
Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Notes Exceptions 1. punishment for a crime whereof one has been duly convicted 2. service in defense of the State (Sec. 4, Art. 2) 3. naval (merchant marine) enlistment 4. posse comitatus (US v. Pompeya) 5. return to work order n industries affected with public interest 6. patria potestas (Art. 311, Civil Code) Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, UNLESS, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. (2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. Section 20. No person shall be imprisoned for debt or non-payment of a poll tax. Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law
and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Notes Requisites 1. 2. 3. 4.
valid complaint or information filed before a competent court to which the defendant had pleaded defendant was previously acquitted or convicted, or the case dismissed or otherwise terminated without his express consent
Exception to Double Jeopardy where there is a finding of mistrial resulting in a denial of due process because such denial results in loss or lack of jurisdiction Sec. 8, Rule 117 provides a time bar of 2 years within which the State may revive criminal cases provisionally dismissed with the express consent of the accused and with a priori notice to the offended party, if the offense charged is penalized by more than 6 years imprisonment and 1 year if the penalty imposable does not exceed 6 years imprisonment or a fine in whatever amount Doctrine of Supervening Event - The accused may still be prosecuted for another offense if a subsequent development changes the character of the first indictment under which he may have already been charged or convicted. Sec. 7, Rule 117. The conviction of the accused shall not be a bar to another prosecution for n offense which necessarily includes the offense charged in the original complaint or information when 1. The graver offense developed due to supervening facts arising from the same act or omission
2. The facts constituting the graver offense arose or were discovered only after the filing of the former complaint or information, or 3. The plea of guilty to a lesser offense was made without the consent of the fiscal or the offended party Section 22. No ex post facto law or bill of attainder shall be enacted. Notes Characteristics of Ex Post Facto Law 1. It refers to criminal matters 2. It is retroactive in application 3. It works to the prejudice of the accused Bill of Attainder – a legislative act that inflicts punishment without trial to named individuals or to easily ascertainable members of a group