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 powers-
police 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.
 9

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

Eminent Police Power Taxation

Domain
Authorit May be public
service Only Government Only Government
y
companies

Purpose Public use Promoting Government

general welfare support

Restraint in the
Transfer of right
Effect injurious use of Public funds
to property
property

Community or Community or
Affected Individual
class of individual class of individual

Benefits Just Altruistic Benefits and

compensation recognition 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 bail and against excessive bail

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

Against self- incrimination

Against detention by reason of political beliefs and aspirations
Against excessive fines
Against cruel, degrading or inhuman punishment
Against infliction of the death penalty except for heinous crimes
Against 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 well-
recognized power of the state to hold a criminal suspect for
investigation.