Article III

Bill of Rights

2)
3)

Section 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.

Not limited to accused in criminal proceedings, but extends to all

parties in all cases civil, administrative, and judicial and quasijudicial hearings.

Violated only when proceedings are attended by vexatious,

capricious, and oppressive delays or when unjustified
postponements are asked for and secured or when without
justifiable motive a long period of time is allowed to elapse without
the party having his case tried.

2)

Mere mathematical reckoning would not be sufficient.

3)

Factors considered:
1) Length of delay
2) Reasons for the delay
3) Assertion or failure to assert such right by the accused
4) Prejudice caused by the delay

Scope:
1)

Extends to all citizens, including those in the military, and covers

the period before, during and after trial.
However, individual rights shall not work against and preclude the
peoples equally important right to public justice and failure to
assert such right seasonably may be interpreted as waiver.

Section 17. No person shall be compelled to be a witness against himself.

A. Right against self-incrimination
Availability:
1) Criminal prosecutions;
2) All other government proceedings, including
administrative or legislative investigations.

civil

actions,

Who may invoke the right:

1) Accused;
2) Any witness to whom a question calling for an incriminating answer
is addressed.

Accused
Respondent in an administrative
proceeding where he may be
subjected to sanctions of penal
character.

Ex: Cancellation of
license.

May not be compelled to take the witness

stand on the reasonable presumption that
the purpose of interrogation is to incriminate
him.

Testimonial compulsion only.

Not object evidence, substance emitted from his body,

fingerprinting,
photographing,
paraffin
testing,
pregnancy test, ultraviolet ray examination.
Production of documents, papers and chattels.

Exception: Where State has the right to inspect

under police or taxing power.
Compel accused to furnish a specimen of his handwriting in a
falsification case.

Immunity:
1) Transactional Immunity

Immunity from criminal prosecution for an offense to

which his compelled testimony relates.

That which may be granted by the Commission on

Human Rights.
2) Use and fruit immunity

Prohibits use of witnesses compelled testimony and its

fruits in any manner in connection with a criminal
prosecution of the witness

Liberal interpretation
o
Reason: Those given this privilege paid a high price
for it, the surrender of their right to remain silent.

Right against self-incrimination may be waived:

1) Directly; or
2) Indirectly.

Failure to invoke it provided certain and unequivocal and

intelligently made.

Thus, an accused who takes the witnesses stand

voluntarily may be cross examined and asked
incriminating questions

Rules:
1)

Witness

May be invoked only when and as the

questions calling for an incriminating answer
is asked.

The witness has no way of

knowing in advance the nature or
effect of the question to be asked
him
1

Section 18.
(1)
(2)

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.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Exceptions:
1) Punishment for a crime whereof one has been duly convicted;
2) Service in defense of the State;
3) Naval enlistment;
4) Posse Comitatus;

A body of men, typically armed, summoned to enforce

the law.
5) Return to work order in industries affected with public interest;
6) Patria Potestas.
Section 19.
(1)

(2)

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.
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.

To violate this, the penalty must be flagrantly oppressive and wholly

disproportionate to the nature of the offense as to shock the moral
sense of the community.

The death penalty is not a cruel punishment as it is the exercise of

the States power to secure society against the threatened and
actual evil.

The congress can, at any time, reduce the death penalty to life
imprisonment.

While a debtor cannot be imprisoned for failure to pay his debt, he

can be validly punished in a criminal action if he contracted his
debt through fraud as responsibility arises not from the contract of
loan but from the commission of the crime.
Trust receipts law does not violate this provision as it does not
seek to enforce a loan but to punish dishonesty and abuse of
confidence in the handling of money to the prejudice of another.

A. Imprisonment for debt

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.
Requisites:
1) Valid complaint or information;

Not attach in a preliminary investigation.

2) Filed before a competent court;
3) To which the defendant had pleaded;
4) Defendant was previously acquitted or convicted, or the case
dismissed or otherwise terminated without his express consent

Directly given, oral or in writing and cannot be implied or

presumed.
NOT:
a) Plea bargaining must be with the consent of
the fiscal;
b) Dismissal by mistake by the court during a
hearing already cancelled;
c) Re-taking of testimony;
d) Promulgation of only 1 part of the decision
(civil) does not constitute a first jeopardy for
the promulgation of the 2nd part (criminal).
e) Dismissal of action.
1.

Plea of guilt in capital offenses:

1) Trial court must conduct a searching inquiry into the voluntariness
of the plea and the accuseds full comprehension of the
consequences thereof.
2) Require the prosecution to present evidence to prove guilt of
accused and the precise degree of his culpability.
3) Accused must be asked if he desires to present evidence and in
the affirmative, allow him.
A. Cruel, degrading or inhuman punishment; excessive fines
B. Effect of abolition on application of penal laws
C. Death Penalty

Permanent dismissal
o
Termination of the case on the merits resulting
in either conviction or acquittal, prosecutions
failure to prosecute; unreasonable delay first
jeopardy attaches.
a)

2.

When the ground for the motion to dismiss is

insufficiency of evidence.

Equivalent to an acquittal.
b) When
the
proceedings
have
been
unreasonably prolonged as to violate the right
of the accused to speedy trial.
Provisional dismissal
o
Without prejudice to reinstatement thereof
before the order of dismissal becomes final or
subsequent filing of anew information within
2

the periods allowed by law not being an

acquittal no double jeopardy.
A. Attachment of jeopardy
a)

Revival of criminal cases provisionally

dismissed with express consent of accused
and with a priori notice to offended party:
B. Termination of jeopardy
If offense charged is penalized by more than 6
years
If penalty imposable does not exceed 6 years

Purpose: State shall not subject him to embarrassment, expense, and ordeal,
and compel him to live in a continuing state of anxiety and insecurity, as
well as enhancing the possibility that even though innocent, may be
found guilty.
Rule: Double jeopardy prohibits the State from appealing or filing a petition
for review of a judgment of acquittal that was based on the merits of the
case.

Exceptions:
a) Where there is a finding of mistrial resulting in the denial
of due process;
b) State is deprived of a fair opportunity to prosecute and
prove its case;
c) Dismissal of an information is purely capricious or devoid
of reason;
d) There is lack of proper notice or opportunity to be heard;
e) Accused has waived or is estopped from invoking his
right against double jeopardy;
f)
Dismissal or acquittal is made with grave abuse of
discretion;
g) Order of dismissal was issued before arraignment.

C. Same offense; ordinance and states

Section 22. No ex post facto law or bill of attainder shall be enacted.

A. Ex Post Facto Laws
Kinds:
1)
2)
3)
4)
5)
6)

Every law that makes criminal an action done before the passage
of the law and which was innocent when done, and punishes such
action;
Every law that aggravates a crime, makes it greater than it was
when committed;
Every law that changes the punishment and inflicts a greater
punishment than the law annexed to the crime when committed;
Every law that alters the legal rules of evidence, and receives less
or different testimony than the law required at the time of the
commission of the offense in order to convict the offender;
Every law, which, assuming to regulate civil rights and remedies
only, in effect imposes a penalty or the deprivation of a right for
something which when done was lawful;
Every law which deprives persons accused of a crime of some
lawful protection to which they have been entitled acquittal or
amnesty

Characteristics:
Double jeopardy provides 3 related protections:
1) Against a 2nd prosecution for the same offense after acquittal;
2) Against a 2nd prosecution for the same offense after conviction;
3) Against multiple punishments for the same offense
Crimes covered
1) Identical offense;
2) Any attempt to commit the same or frustration thereof;
3) Offense which necessarily includes or is necessarily included in the
offense charged.

1)
2)
3)

Refers to criminal matters;

Retroactive in application;
Works to the prejudice of the accused

B. Bills of Attainder

Legislative act that inflicts punishment without trial.

Substitutes legislative fiat for a judicial determination of guilt