Bill of Rights

Section 4 – RLE II Ejoc, Abigail Elazegui, Camille Enriquez, Geraldi Niño Enriquez, Mary Grace Escalante, Jerome Escaño, John Vincent Escaño, Richelle Escobar, Fitzwilly Espejo, Angela Estaniel, Reynold Estolano, Hector

2 Eva, Ryeleen

Bill of rights Declaration and enumeration of a person’s rights and privileges which the constitution is designed to protect against violations by the government or by an individual or groups of individuals It is a charter of liberties for the individual and a limitation upon the power of the state Its basis is the social importance accorded to the individual in a democratic or republican state, the belief that every human being has intrinsic dignity and worth which must be respected and safeguarded Classes of Rights 1. Natural Rights God-given rights Rights possessed by every citizen without being granted by the state Given to man by God as a human being created to his image so that he may live a happy life E.g. Right to life, Right to live 2. Constitutional Rights Rights conferred and protected by the constitution Part of the fundamental law Cannot be modified of and taken away by the law-making body 3. Statutory Rights Rights provided by laws Promulgated by the law-making body Consequently, may be abolished by the same body E.g. Right to receive a minimum wage, Right to adopt a child by an unrelated person Classification of Constitutional Rights 1. Political Rights Gives citizens the power to participate, directly, or indirectly, in the establishment or administration of the government Among these rights are: Art. IV Right of Citizenship Art V. Right of Suffrage Sec. 7. Right to information on matters of public concern 2. Civil Rights Rights which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness They include Sec 1. The rights to due process and equal protection of the laws Sec.18.2 The right against involuntary servitude Sec. 20 Imprisonment for non-payment of debt/poll tax Sec 11-22 Constitutional rights of the accused Sec.5. Religious freedom

3 Sec.6. Liberty of Abode and of changing the same Sec. 10. Right against impairment of obligation of a contract Sec. 4.8. – Civil Rights- political rights when used to participate in the government 3. Social and Economics Rights Rights which are intended to insure the well-being and economic security of the individual Sec. 1 Right to property Sec. 9. Right to just compensation for private property taken for public use Art. XII. Promotion of social justice

Art XII> Sec. 2. The conservation and utilization of natural resources Art. XIV. Secs. 1,2,5 [4,5] Promotion of Education Secs. 10-13 Science and technology Secs. 17,18 Arts and Culture 4. Rights of the Accused Civil rights intended for the protection of the person accused of any crime Secs. 11-22 Right against unreasonable search and seizure Right to presumption of innocence Right to a speedy, impartial, and public trial Right against cruel, degrading, or inhumane punishment State Authority and Individual Freedom 1. STATE An instrument to promote both individual and social welfare As an organization, exists to promote the happiness and welfare of both the individual and the group of which he is part IT IS NOT AN END BY ITSELF for the glorification of which the life, property, or happiness of the individual may in all cases be sacrificed NEITHER it is a means for the realization of the best life only by the individual for which the group may at all times , if necessary, be stake Liberty Is a blessing, without which, life is a misery, but should not be made to prevail over authority The state in modern times is an instrument to enable both the individual and society together to attain their greater happiness, progress, and welfare 2. CONFLICT BETWEEN THE INDIVIDUAL RIGHTS AND GROUP WELFARE Consequently, in some cases, the individual must yield to the group; and in other cases, the group to the individual For this reason, the constitution creates a domain of individual rights and liberties, which is protected from encroachments whether by individuals, and even by the government itself For the same reason, the constitution provides, expressed, or impliedly that in certain cases, when demanded by the necessity of promoting the general welfare of the society, the government nay interfere with rights and liberties

4 The people must be strong enough to maintain its control over the government and the government must be strong enough to maintain its existence and protect the interests of the people 3. ROLE OF THE JUDICIARY The effective balancing of the claims of the individual and those of the community is the essence, the indispensable means for the attainment of the legitimate aspirations of any democratic society There can be no absolute power whoever exercises it, for that would be tyranny; Yet there can neither absolute liberty for that would mean license and anarchy The Judiciary In proper cases, rests primarily this all important duty of balancing interests of the individual and group welfare in the adjudication of disputes that is fair and just to the parties involved and beneficial to the larger interests of the community or the people as a whole The Supreme Court Act as arbiters of the limits of governmental powers especially in relation to individual rights SECTION 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied equal protection of the laws. Due process of law Constitution Person may be deprived by the state of his life, liberty, or property provided due process is observed. Due process if: Done under the authority of a law that is valid or the Constitution itself After compliance with fair and reasonable methods of procedure prescribed by law (1) Procedural due process method or manner by which the law is enforced Notice and Hearing (2) Substantive due process Law itself, not merely the procedures by which the law would be enforced, is fair, reasonable, and just. Procedural Due Process (1) Judicial Proceedings-civil or criminal Requirements: An Impartial Court with authority to hear and determine matter before it Jurisdiction lawfully acquired over the person of the defendant or property Opportunity to be heard defendant Judgment (2) In administrative proceedings- certain proceedings of administrative character notice or hearing may be dispensed with for practical reasons

5 Opportunity is later given to individual affected to test the validity or propriety of the action Substantive due process (1) TAX if imposed for a private purpose constitutes a taking of property without due process as it is beyond the authority of the legislature to levy. (2) Taking of property for private use or without just compensation offends substantive due process. Persons protected: All persons with in the territorial jurisdiction of the Philippines Private Corporations Meaning of life Prohibition against its deprivation without due process extends to all the limbs and faculties by which life is enjoyed. Deprivation: Extinction Loss of any various physical and mental attributes Meaning of liberty: Not merely freedom from physical restraint Right of man to use his faculties which has been given by his Creator with a limitation that he does not violate the law or rights of others. Deprivation: One is unduly prevented from acting accdg. To his wishes. Meaning of property: Things itself or right over the thing Right to own, destroy, transmit with accordance to the State and of other persons Deprivation: Taken away from one entitled to it Value is destroyed or its adaptability to some particular use, or its capability for enjoyment is impaired Equal protection of the laws. All person subject to legislation should be treated alike, under like circumstances and conditions both in privileges and liabilities imposed The guarantee does not require that persons or things different in fact be treated in law as though they were the same. Prohibits class legislation Reasonable classification permitted (1) Foreign corporations (2)Certain professions are limited to persons of the male sex (3) Certain privileges for leaves and shorter hours of labor extended to women (4) Preference is given to Filipino citizens in lease of public market stalls (5) Different professions (6) Employment in factories of children under designated ages is prohibited

6 Scope of guarantee: Restraint on all organs of the government and its three inherent powerspolice power, taxation, and eminent domain. Guarantee is available to all persons including aliens and private corporations Does not extend to rights which are political Not intended to enforce social equality 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 for any purpose shall be inviolable 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. Search warrant An order in writing, issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for certain personal property and bring it before the court. Warrant of Arrest If the command is to arrest a person designated, the written order is a warrant of arrest I.e. to take him into custody in order that he may be bound to answer for the commission of an offense Scope of protection Persons – applies to everybody, citizens as well as aliens, including corporations,whether accused from a crime or not Houses – not limited to dwelling houses but extends to a garage, warehouse, shop, store, office and a safety deposit vault. Excludes open spaces and fields belonging to one Papers and effects – sealed letter and packages in the mail and other protected documents Unreasonable when: In general: Illegal – unreasonable Legal – reasonable W/out warrant: not necessarily illegal, vice versa Purely a judicial question, only courts are empowered to rule upon: form circumstances involved Requisites for a valid search warrant or warrant of arrest Must be issued upon probable cause Facts or circumstances antecedent to the issuance of a warrant sufficient in themselves to induce a cautious man to act in pursuance thereof Intro of COMPETENT PROOF, that the respondent sought to be issued has performed particular acts or committed specific omissions, violating laws Probable cause must be determined personally by the judge himself

7 Determination of the existence of the probable cause must be made after examination by the judge of the complainant and the witnesses Warrant must particularly describe the place to be searched and the persons or things to be seized Issuance of a search warrant for more than one specific offense is prohibited Sufficiency of affidavit upon which warrant is based Where it is shown that in the application SWORN TO, the affiant made his OWN PERSONAL INVESTIGATION, and TESTIFIED THAT AT HIS OWN KNOWLEDGE, drawn in such a manner that PERJURY COULD BE CHARGED THEREON and the affiant can be held liable for damages caused if facts turned out to be not as stated under oath Insufficient if based on mere info and belief of hearsay Sufficiency of Description Place – if the officer can with reasonable effort ascertain and identify the place intended (specific) Person – warrant of arrest for an unnamed person is void, except in cases where it contains a description of the person or such as will enable the officer to identify the accused E.g. John Doe (used when the name of the person unknown) from #12 __ St., Manila, with possession of illegal drugs and manager of the club; photos Property – required to be specific only in so far as the circumstances will ordinarily allow, description must be rather general, need not be technical E.g. case of wrong accounting: receipts, lists, charts, and other papers connected with activities in accounting violating the law – sufficient Other items not linked to the case cannot be included Right against unreasonable search and seizure, personal Legality of a search and seizure can be contested only by the party whose personal rights were involved Search or seizure cannot be considered unreasonable if consent is given. This right can be waived, either expressed or implied When search and seizure may be made w/out warrant When there is consent or waiver Search is incident to a lawful arrest Cases of contraband or forfeited goods being transported where the officer making it has reasonable cause for believing that the latter contains them , in view of difficulty of securing a search warrant Even w/out search, possession of prohibited articles is disclosed to plain view (open to eye or hand) Inspection, supervision, and regulation of the police power (restaurant inspection by health officers, factories by labor inspector, book of accounts by revenue examiner Routine searches made at the border or ports of entry in the interest of national security (customs and immigration laws) When arrest may be made w/out warrant Made by a Peace officer or private person when

8 In his presence the person to be arrested has committed or actually committing or is attempting to commit an offense An offense has just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it. Person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment, temporarily confined while his case is pending or has escaped while being transferred Accompanying search and seizure of effects and instruments to the crime shall also be lawful although done w/out a search warrant as it is an incident to a lawful arrest. (guns, stolen goods) 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. Right of Privacy Right to be left alone. Right of a person to be free from undesired publicity, or disclosure and as the right to live without unwarranted interference by the public in matters with which the public is not necessarily concerned. A right which every human being possesses in his natural state and which he does not lose or surrender by becoming a member of organized society. Persons communicate and correspond with each other without the State having a right to pry into such communication and correspondence subject to the ever pervading police power of the State. Relationship with the right against unreasonable searches and seizures The constitutional provision on the right to privacy complements or implements the security of the citizen against unreasonable searches and seizures. The is but an aspect of the right to secure in one’s person. Evidence obtained by tapping of telephone wires, or though the use of detactaphone if a violation to the right. Limitations on the right The right is not violated when the interference if made: Upon lawful order of the court; or When Public safety or order requires otherwise as prescribed by law Evidence illegally obtained Any evidence obtained in violation of the right against unreasonable search and seizure and the right to privacy of communication and correspondence is inadmissible for any purpose in any proceeding. The owner has a right that the articles seized be returned, unless they are in themselves prohibited or forbidden by law such as illegal drugs, unlicensed firearms, etc.

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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. Freedom of speech, of expression, and of the press Freedom of expression, implies the right to freely utter and publish whatever one pleases without previous restraint, and to be protected against any responsibility for so doing as long as it does not violate the law, or injure someone’s character, reputation or business. Includes the right to circulate what is pubished. “Speech” and “Expression” Include any form of oral utternaces, expression by means of motion picture. “Press” Covers every sort of publications: newspapers, periodicals, magazines, books, handbills, leaflets, etc. Importance of the guarantee Promotes growth of the individual and the nation. Makes possible, scrutiny of acts and conduct of public officials. Insures a responsive and popular government. Freedom of Expression is not absolute. It is always subject to some regulation by the State in order that it may not be injurious to the right of the community or society Abridgement of freedom of speech and of the press The abirdgement of liberty can be justified only where there exists substantial danger that the speech will likely lead to an evil the government has a right to prevent. “The clear and present danger rule” Right of assembly The right on the part of the citizens to meet peaceably for consultation in respect to public affairs. Right of Petition Right of any person or group of persons to apply, without fear of penalty, to the appropriate branch of office of the government for redress of grievances. Sec. 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, w/out discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights Religion includes all forms of belief in the existence of superior beings exercising power over human beings Religious freedom

10 2 aspects Separation of Church and State Freedom of religious profession and worship 1. Freedom to believe in a religion 2. Freedom to act in accordance with such belief Sec. 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. Liberty abode and travel Right of a person to have his home in whatever place chosen by him Limitations on the right “except upon lawful order of the court” “except in the interest of national security, public safety, or public health” Sec. 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 Right to information on matters of public concern It is in consonance w/ the principle of popular sovereignty It will enable the people to participate more effectively in governmental affairs It will make denunciation of government more factual, responsible, & effective It will provide a deterrent to the commission of venalities It will review public suspicion of officials Scope of the right The right embraces all public records Limited to citizens Its exercise is subject to such limitations as may be provided by law Limitations on the right Records involving the security of the State or w/c are confidential in character should be excepted Sec. 8. Right to Self Organization Right to Form Associations Freedom to organize Be a member Adopt rules Right to leave Abstain from joining

11 Limitations Imminent danger to: Public order Public peace Public morals Public safety May be interfered by the State in the exercise of its POLICE POWER Sec. 9. Private Property shall not be taken for public use without Just Compensation Essential or Inherent Powers of Government Necessity Inherent in sovereignty Ways by which the State interferes with private rights and property Legislative in character Presuppose an equivalent compensation received by the person affected Eminent Domain To take or expropriate private property for public use upon paying to the owner a just compensation to be ascertained according to law Limitations: Existence of public use Payment of just compensation Observance of due process of law in the taking “Taking” Actual physical seizure not essential “Taking” must be direct Police Power To enact laws or regulations in relation to persons and property as may promote public health, public morals, public safety, and the general welfare and convenience of the people Basis: Salus populi suprema est lex The welfare of the people is the supreme law Sic utere tuo ut alienum non laedes So use your own as not to injure another’s property Taxation To impose charge or burden upon persons, property, or property rights, for the use and support of the government and to enable it to discharged its appropriate functions Theory and basis:

12 Necessity Reciprocal duties of protection and support

Authorit y

Eminent Domain May be public service companies

Police Power

Taxation

Only Government

Only Government

Purpose

Public use

Promoting general welfare

Government support

Effect

Transfer of right to property

Restraint in the injurious use of property

Public funds

Affected

Individual

Community or class of individual

Community or class of individual

Benefits

Just compensation

Altruistic recognition

Benefits and protection

Sec. 10 No Law Impairing the Obligation of Contracts Shall be Passed Meaning of obligation of contract Law or duty which binds the parties to perform their agreement according to its terms and intent Scope of Terms The law, enactment of w/c is prohibited, includes executive and administrative orders of the president, issued by the dept. heads and ordinances enacted by local govt The contract, the obligation w/c is secured against impairment under the constitution Purpose of non-impairment prohibition To protect creditors, to assure the fulfillment of lawful promises and to guard the integrity of contractual obligations When obligation of contract impaired Takes from a party a right to which he is entitled under contract Deprives him of the means of enforcing such right Imposes conditions not expressed in the contract or dispenses those which are Diminishes the consideration agreed upon by the parties as to diminish the value of the contract, is void impairing the obligation of the contract w/in the meaning of the constitution Sec.11

13 Free access to the Courts and Quasi- Judicial bodies and Adequate legal assistance shall not be denied to any person by reason of poverty Constitutional Rights of the Accused in Criminal Cases Adequate legal assistance When under investigation for the commission of an offense, to be informed of his right to remain silent and to have counsel Against the use of torture, force violence, threat, intimidation or other means w/c vitiates the free will Against being held in secret, incommunicado, or similar forms of solitary detention To To To To To To To To

bail and against excessive bail due process of law presumption of innocence be heard by himself and counsel be informed of the nature and cause of the accusation have speedy, impartial and public trial meet with witness face to face have compulsory process to secure the attendance of witness and the production of evidence in his behalf

Against Against Against Against Against Against

self- incrimination detention by reason of political beliefs and aspirations excessive fines cruel, degrading or inhuman punishment infliction of the death penalty except for heinous crimes double jeopardy Reasons for constitutional Safeguards A criminal case, an unequal contest Criminal accusation, a very serious matter Protection of the innocent, the underlying purpose Right to free access to the courts and quasi-judicial bodies Right to adequate legal assistance Section 12. Rights of person under investigation right to remain silent To have competent and independent counsel Against the he use of torture, force, violence, threat, intimidation, or any other means which vitiates free will Against being held in secret, solitary, incommunicado, or other similar forms of detention Any confession obtained in violation in any of the above rights is declared inadmissible Section 13. right to bail All persons, except those charged with offenses punishable by reclusion perpetua when evidenced of guilt is strong, shall, before conviction, be bailed by sufficient sureties, or be released in

14 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. Escessive bail shall not be required. Meaning of bail Bail Bail is the security required by a court and given by the provisional or temporary release of a person who is in the custody of the law conditioned upon his appearance before any court as required under conditions specified Purpose of bail Relieved an accused from imprisonment until his conviction and yet secure his appearance in trial It may be in a form of cash deposit, property bond, bond secured from a surety company, or recognizance Who may not invoke to bail Not yet in custody of the law Charged with capital offense or an offense punishable by reclusion perpetua, life imprisonment, or death if the evidence of his guilt is strong After judgment has become final Section 14 No person shall be heard to answer for a criminal offense without due process of the law In all criminal cases, the accused shall be presumed innocent until the contrary is proved. Right to due process of the law in criminal cases The accused must be Tried before a competent court Given a fair and impartial trial Allowed to use all legal means and opportunity to defend himself The judgment awarded against him must be within the authority of a valid law Right to presume innocence Safeguard against false convictions Requirement of proof of guilt beyond reasonable doubt Before arraignment Accused Inform right to counsel Want to have one Counsel de oficio – defend him Arraignment Open court Judge, clerk Copy of the complaint List of witness Guilty or not guilty Precise charge that confronts him

15 Right to counsel Establish his innocence Convicted or not Right to be informed of the nature and cause Specific allegation of crime charged Offense Prepare his defense Fully aware of possible loss Remedy of accused Charge with an offense Convicted with another (lesser offense) No arraignment Right to have a speedy, impartial, and public trial Speedy Reasonable promptness Free from undue delays Impartial Absence of actual bias Public Open to friends, relatives, others (idle or morbid curiosity) Right to confrontation of witness Accused meet the witness personally Cross-examination of witness by the accused Test – recollection and veracity Assessment by the court of witness’ credibility Judge- demeanor and appearance of witness Right to compulsory production of witness and evidence Accused Attendance of witness Production of evidence Subpoenas Prosecutor Produce or permit - inspection of evidence Trial in the absence of the accused Accused cannot thwart prosecution unless Has been arraigned Duly notified of the trial Failure to appear is unjustifiable Sec 15. Privilege of the writ of habeas corpus shall not except in cases of invasion or rebellion when the public safety requires it Writ of habeas corpus Order by court Directed to person detaining another Produce the body of the prisoner

16 Designed time and place Sufficient cause Purpose Set any individual free from unjust detention Suspension President (Art VII, Sec. 18) Invasion Rebellion Public safety requires it Section 16: All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Justice delayed is justice denied A long delay creates mistrust of the government itself Enhances the people’s respect for the law and faith in their government Can be invoked only after the termination of the trial or hearing of a case The Supreme Court and all other lower courts are required to decide or resolve the case within a certain period of time Contemplates the disposition of cases involving private interests before the judicial, quasi-judicial, and administrative bodies. Section 17: No person shall be compelled to be a witness against himself This is for the protection against self-incrimination which may expose a person to criminal liability Founded on grounds of: Public Policy Humanity Protects as well the right of the accused to silence, meaning, his failure or refusal to testify Scope of Guarantee: Applies in criminal, civic, administrative, and legislative proceedings where the fact asked for is a criminal one Nature of Guarantee Right is purely personal and maybe waived Not be invoked to protect a person against being compelled to testify facts Not be invoked simply because the testimony might subject one to some liability not arising from criminal action Applicable only to a present not a past criminality Can be availed of only against testimonial compulsion Form of Testimony Prohibited: Compulsory testimonial self-incrimination-extricating from defendant’s own lips, against his will

17 Production by the accused of documents, chattels, or other objects demanded from him. Refusal of a person to produce a specimen of his handwriting because it requires the application of intelligence and attention that is equivalent to testimonial compulsion. There is no violation where: Accused is forced to discharge morphine from his mouth Accused is compelled to place his foot on a piece of paper to secure his footprint. Accused is compelled to be photographed or to remove his garments and his shoes A woman accused of adultery is compelled to permit her body to be examined by physician to determine pregnancy Voluntary confession of the accused is admitted at the trial Section 18: No person shall be detained solely by reason of his political beliefs and aspirations. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Provision was in response to the events in the past: martial law. A positive declaration that within the democratic framework, the people can freely speak of what they think is wrong with the government and its leaders, or seek changes Meaning of Involuntary Servitude It denotes a condition of enforced, compulsory service of one to another, which includes: Slavery Peonage Purpose and Basis of the Prohibition To maintain a system of completely free and voluntary labor Human dignity and fundamental freedoms are not merchandise appropriate for commercial barters or business bargains. Exceptions to Prohibition When the involuntary servitude is imposed as a punishment for a crime whereof the party shall have been duly convicted When personal military or civil service is required of citizens for the defense of the state. To injunctions requiring striking laborers to return to work pending settlement of an industrial dispute Exceptions to prohibition To exceptional services, such as military and naval enlistment To exercise by parents of their authority to require their children to perform reasonable amount of work Where there is proper exercise of the police power of the State Section 19 (1) Excessive fines shall not imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes,

18 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. Fines only unjustified if it steps out of a prescribed statute; considers nature of offense and ability of person punished to pay. Punishments cannot be inhuman or cruel, bring shame and humiliation, expose one to contempt or ridicule, lower one’s dignity and self-respect as a human being, or involve torture or lingering death, examples of which are burning alive, mutilation, starvation, drowning and other barbarous punishments. Hanging, electrocution, or musketry are allowed as they are within the meaning of the word “cruel” in the Constitution. Destierro or banishment from a certain locality is also valid. Punishments must be proportionate to the crime; they are considered cruel and inhuman if otherwise. The purpose of the guarantee is to eliminate many barbarous and uncivilized punishment which may be in effect. Those that still engage in them or apply them on person legally detained should be dealt with by law. The death penalty is abolished, and shall not be inflicted unless Congress decides to reinstate it “for compelling reasons, involving heinous crimes” in which case it shall apply only to such crimes subsequently committed. Death penalties already imposed upon the effectivity of the new Constitution are automatically commuted to life imprisonment instead. No definition of “heinous crimes” is given, but can be said to cover offenses that are exceedingly or flagrantly bad or evil or those committed with extreme cruelty as to shock the general moral sense, examples of which are treason, parricide, drug-trafficking, murder, robbery with homicide, rape with homicide, killing a person in stages, etc. This is especially flagrant if committed against children or defenseless people. Section 20 No person shall be imprisoned for debt of non-payment of a poll tax Debt

19 Any liability to pay money arising out of a contract, expressed or implied. Poll Tax Tax of fixed amount imposed on individuals residing within a specific territory, whether citizens or not, w/o regard to their property or the occupation in which they may be engaged. The Constitution seeks to prevent use of Power of the State to coerce payment of debts. The control of the creditor over the person of his debtor has been abolished on humanitarian considerations because one should not be punished on account of his poverty. If the debtor has property though, the creditor has the right in a civil case to have such property attached (taken into legal custody) as a means of enforcing payment of the debt. The government is also not a proper party to private disputes. Inhibitions exclude: Damages arising in action ex delicto (criminal actions), for the reason that the damages recoverable therein do not arise from any contract entered into between the parties, but are imposed upon the defendant for the wrong he has done and are considered as a punishment therefore. Fines and penalties imposed by the courts in criminal proceedings as punishments for crime. A person may be imprisoned for failure to pay tax as it is not a debt. Prohibition against imprisonment for non-payment of poll tax is a right dictated by a sense of humanity and sympathy for the plight of the poorer elements of the population who cannot even afford to pay their community tax or cedula. Imprisonment is subject for those violations other than non-payment of the community tax though, such as falsification of community tax certificate. 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 FOR ANOTHER PROSECUTION FOR THE SAME ACT. RIGHT AGAINST DOUBLE JEOPARDY Meaning: if a person is charged with and offense and the case is terminated (acquittal or conviction; or in any other w/o consent of accused), the accused cannot again be charged with the same or IDENTICAL offense REQUISITES FOR EXISTENCE OF DOUBLE JEOPARDY

20 Previously brought to trial In a court of competent jurisdiction Valid complaint or information The accused has been arraigned and pleaded to the charge Accused has been convicted or acquitted or case has been dismissed or terminated without his express consent HOWEVER, RIGHT CANNOT BE INVOKED WHEN A PETITION FOR A DECLARATION OF MISTRIAL IS GRANTED ON THE GROUND THAT THE PROCEEDINGS HAVE BEEN VITIATED BY LACK OF DUE PROCESS RIGHT TO APPEAL IN CRIMINAL CASES Government has no right to appeal from a judgment of acquittal Accused may appeal to higher court; but the latter may raise the penalty imposed by the lower court  not double jeopardy CLASSES OF DOUBLE JEOPARDY Under first sentence  protection against same offense not for the same act. Unless he is charged with a different offense under same act (an act can give rise to more than one offense) If an ACT is punished by law  “conviction or acquittal under either shall constitute a bar to another prosecution for the same act.” Second sentence  double jeopardy of punishment for the same act and it applies although the offenses charged are different, one constituting a violation of a statute and the other of an ordinance. SECTION 22 NO EX POST FACTO LAW OR BILL OF ATTAINDER SHALL BE ENACTED. What is a Ex Post Facto Law? One that operates retrospectively Makes an act done before the passage of the law Aggravates a crime or makes it greater than when it was committed Changes punishment and inflicts a greater punishment than what the law annexed to the committed crime Alters legal rules of evidence and receives less than or different testimony from what the law required at that time of the commission of the offense, in order to convict the offender Characteristics of an Ex post facto law Relate to criminal and penal matters only (civil  non-impairment clause) Retroactive in operation Deprives accused persons of some protection or defense previously available Are absolutely prohibited unless they are favorable to the accused. What is a Bill of Attainder? A legislative act which inflicts punishment without judicial trial Also refers to: bill of pains and penalties Punishment is less than death Purpose of Prohibition against a Bill of Attainder As a general safeguard against legislative exercise of the judicial function (or simply, trial by legislature) Examples:

21 A law passed by US Congress declared that 3 government employees were not to receive any salary because of subversive activities. The US Supreme Court held that the enactment was in the nature of bill of pains and penalties, with the Congress assuming the role of the judge and giving no hearing to the parties. Hence the provision was void. HOWEVER, The detention of a prisoner for a certain period pending investigation and trial is NOT A PUNISHMENT; it is necessary extension of the wellrecognized power of the state to hold a criminal suspect for investigation.