I.
CONSTITUTIONAL LAW 2
Fundamental Powers of the State
a. Police Power
b. Power of Eminent Domain / Expropriation
c. Power of Taxation
b.
Similarities
Inherent in the state; no need for express constitutional grant
Necessary for State to be effective
All involve State interference with private property
Presuppose equivalent compensation
Exercised primarily by the Legislature
4.
a.
Limitations
May not be exercised arbitrarily, to the prejudice of the Bill of
Rights
Subject at all times to the limitations and requirements of the
Constitution and may in proper cases be annulled by the courts of
justice
A. POLICE POWER
1.
Basis
- Salus populi suprema est lex (the welfare of the
people is the supreme law)
- Sic utere tuo ut alienum non laedeas (so use your
own property as not to injure anothers property)
2.
Compensation
None
(the altruistic
feeling that
one has
contributed to
the public
good Nachura)
Not
Use of Property appropriated
for public use
Eminent
Domain
Taxation
None
(the protection
Just
given and
compensation public
(full and fair
improvements
equivalent of
instituted by
the property
the State
taken) required. because of
these taxes Nachura)
Use taxing
power as an
implement for
the attainment
Appropriated
of a legitimate
for public use
police
objectiveto
regulate a
business or
trade
Objective
To destroy
noxious
property or to
restrain the
noxious use of
property
Property taken
for public use; it Earn revenue
is not
for the
necessarily
government
noxious
What it
Regulates
Liberty and
Property
Who may
Exercise
State
State and
State
Private Entities
3.
a.
Limitations
General
The legislative determination of what is a proper
exercise of its police power is not final or
conclusive, but is subject to the supervision of the
courts (US v Toribio, 1910)
No conflict with due process and equal protection
of the laws
Police power prevails over future contracts as well
as past ones. The non-impairment of contracts
clause, and other vested rights, have to yield to the
legitimate exercise of State police power (Ortigas &
Co. v. CA)
Balancing is the essence or the indispensable means
for the attainment of legitimate aspirations of any
democratic society
Due process and Equal Protection of Laws
6.
Article III, Sec. 9. Private property shall not be take for public use
without just compensation.
Article XII, Sec. 18. The State may, in the interest of national
welfare or defense, establish and operate vital industries and, upon
payment of just compensation, transfer to public ownership utilities
and other private enterprises to be operated by the government.
Scope
Generally
By reason of its function:
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(3) for public use,
(4) with just compensation, and
(5) upon observance of due process.
Concept
2.
Congress, primarily.
Extent of
Power
Question of
Necessity
As exercised by
Congress
Pervasive and allencompassing
Political question
Re: private
property
3.
b.
c.
4.
Taking
5.
Public Use
6.
Just Compensation
As exercised by delegates
Can only be as broad as the
enabling law and the
conferring authorities want
it to be
Justiciable question. RTC
has to determine whether
there is a genuine necessity
for its exercise, as well as
what the propertys value is
Delegate cannot
expropriate private
property already devoted
to public use
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Must
include
consequential
damages
(damages to other interest of the owner
attribute to the expropriation) and deduct
consequential benefits (increase of value of
other interests attribute to new use of the
former property)
7.
8.
Urban Development and Housing Act (R.A. 7279,
mandated by Art. XIII, Sec. 9)
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1.
2.
TAXATION
Nature and Extent
Purpose:
a. To raise revenue
b. Tool for regulation
c. Protection/power to keep alive
Taxes
3.
License Fees
Raise
revenues for
the
government
Levied against
revenues
Basis of
amount is
higher
Imposed for
regulatory
purposes only
Justification is
police power
Amount is
limited to cost
of regulation
Special
Assessments
Specific
benefits for
specific
persons
Basis is cost of
construction
Limitations
Specific Limitations:
a. Uniformity of taxation simply geographical
uniformity, meaning it operates with the same force
and effect in every place where the subject of it is
found
Requisites:
i.
standards used are substantial and not
arbitrary
ii. categorization is germane to achieve the
legislative purpose
iii. the law applies, all things being equal to
both present and future conditions
iv. applies equally to members of the same
class
b. Equal protection clause taxes should be uniform
(persons or things belonging to the same class shall
be taxed at the same rate) and equitable (taxes
should be apportioned among the people according
to their capacity to pay)
c. Progressive system of taxation
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4.
Double Taxation
5.
6.
Tax exemptions
c.
DUE PROCESS
1.
Scope:
IN GENERAL
2.
Requisites:
3.
Basic elements:
notice,
opportunity to be heard,
and jurisdiction.
1.
Bases:
a. Importance accorded to the dignity and worth of the
individual.
b. Protection against arbitrary actions of government and
other members of society
2.
Purpose:
a. To preserve democratic ideals
b. To safeguard fundamental rights
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a.
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Judicial
Requirements:
(1) an impartial and disinterested court clothed
by law with authority to hear and determine
the matter before it (this does not preclude a
judge from asking questions during the trial
itself. Test of impartiality: whether the judges
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Administrative
Notice
5.
Impartiality
6.
Certainty
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7.
Excessive Penalties
8.
1.
Concept
3.
5.
EQUAL PROTECTION
2.
4.
6.
D. FREEDOM OF EXPRESSION
Art. III, Sec. 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
grievance.
Art. III, Sec. 18. (1) No person shall be detained solely by reason of
his political beliefs and aspirations.
6.
General Considerations
Components
Medium
Scope of Protected Freedom
i.
Freedom of speech
ii.
Freedom of the press
iii.
Right of assembly and petition
iv.
Right to form associations or societies not
contrary to law
v.
freedom of religion
vi.
right to access to information on matters of
public concern
Classification of citizens
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Limitations
Limitations
Laws against obscenity, libel and slander
(contrary to public policy)
Right to privacy of an individual
Right of state/government to be protected
from seditious attacks
Legislative immunities
Fraudulent matters
Advocacy of imminent lawless conduct
Fighting words
Guarantee implies ONLY the right to reach a
willing audience but not the right to compel
others to listen, see or read.
7.
2. Subsequent punishment
b.
c.
d.
1. Dangerous tendency
Forms of abridgment
1. Prior restraint
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Tests
3. Grave-but-improbable danger
It asks:
(a) What words did he utter?
(b) What is the likely result of such utterance?
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5. Balancing of interest
6. OBrien Test
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Absolutely
privileged:
If
the
communication is absolutely privileged
(as in parliamentary freedom of speech),
the prosecution cannot even prove
malice-in-fact.
Qualifiedly
privileged
(Art.
354
enumerates the 2 instances: fair and true
reporting of an official proceeding; legal
moral or social duty): the burden is
shifted on the prosecution to prove
malice-in-fact, which the defense can
overcome by proving the truth of the
defamatory statement and good motive.
To
enjoy
immunity,
a
(derogatory) publication must
not only be true, but also fair
and must have been made in
good faith without any
comments
or
remarks.
[Policarpio v. Manila Times
Pub. Co., Inc]
A
communication
made
bonafide upon any subject
matter in which the party
communicating has an interest,
or in reference to which he has
a duty, is privileged, if made to
a
person
having
a
corresponding interest, (even
if) containing incriminatory
matter. [Mercado v. CFI of
Rizal]
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information does not extend to fictional or
novelized representation of a person, no matter
how a public figure he or she may be. Freedom of
expression, indeed, occupies a preferred position in
the hierarchy of civil liberties. It is not, however,
w/o limitations the limits of freedom of expression
are reached when (it) touches upon matters of
private concern [Lagunzad v. Gonzales]
g.
h.
i.
8.
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(ii)
9.
It shall guarantee the right of all workers to selforganization, collective bargaining and negotiations, and peaceful
concerted activities, including the right to strike in accordance with
law. They shall be entitled to security of tenure, humane conditions
of work, and a living wage. They shall also participate in policy and
decision-making processes affecting their rights and benefits as may
be provided by law.
The inclusion of the right to unionize in Art. III, sec. 8 is illadvised because while the right to unionize is an economic and
labor right, the right to association in general is a civil- political
right.
Freedom of association includes the freedom not to associate,
or, if one is already a member, to disaffiliate from the
association. (Victoriano v Elizalde Rope Workers Union, 1974;
Sta. Clara Homeowners Assoc. v Gaston, 2002)
Degree of protection an association enjoys depends on the
position which the associations objective or activity occupies
in the hierarchy of values. [NAACP v. Alabama, 357 US 449
(1958); NAACP v. Button, 371 US 415 (1963)]
Right to strike is not included in the right to form unions
(Manila Public School Teachers Assoc. v Sec. Of Educ., 1991).
Employees in the Civil Service may not resort to strikes,
walkouts and other temporary work stoppages, like workers in
the private sector, in order to pressure the govt to accede to
their demands. As now provided under Sec. 4, Rule III of the
Rules and Regulations to Govern the Exercise of the Right of
Govt. EEs to Self-Organization which took effect after the
initial dispute arose, the terms and conditions of employment
in the Govt, including any political subdivision or
instrumentality thereof and govt. owned and controlled
corporations with original charters, are governed by law and
employees therein shall not strike for the purpose of securing
changes thereof. [SSS Employees Assn v CA, 175 SCRA 686
(1989)]
The right to associate is not absolute (People v. Ferrer, 48
SCRA 382; United Pepsi Cola Supervisory Union v. Laguesma,
G.R. 122226).
E. FREEDOM OF RELIGION
Art. III, 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, without
discrimination or preference, shall forever be allowed. No religious
test shall be required for the exercise of civil or political rights.
1. Non-Establishment Clause
Freedom of Association
Art. III, Sec. 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.
Art. IX, B, Sec. 2. xxx
(5) The right to self-organization shall not be denied to
government employees.
Art. XIII, Sec. 3. xxx
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without comment in public schools as
contrary to the Non- Establishment
clause.
2. Financial subsidy for parochial schools
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Armed forces.
Penal institution.
Government
orphanage
or
leprosarium.
1. Tax exemption
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Without
additional
cost
to
government.
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7. Book lending program for students in parochial
schools
4. Tests
a. Clear and Present Danger Test
b.
Compelling State Interest Test (from a
benevolent neutrality stance)
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Nature of protection
Contracts affected
Limitations
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Impairment
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Art. III, Sec. 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.
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Art. III, Sec. 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 person or things to be seized.
Sec. 3. 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. Any
evidence obtained in violation of this or the preceding section, shall
be inadmissible for any purpose in any proceeding.
a personal right
a.
pre-arrest rights
i.
Warrantless arrests (Rule 113, Sec. 5, 2000 Rules of
Criminal Procedure) strictly construed as exception to
general rule requiring judicial warrant
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committed, is actually committing, or is attempting to commit an
offense;
(b) When an offense, has in fact just been committed, and he
has personal knowledge of facts indicating that the person to be
arrested has committed it;
(c) When the person to be arrested is a prisoner who has
escaped from a penal establishment of place where he is serving
final judgment or 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) hereof, the person
arrested without a warrant shall be forthwith delivered to the
nearest police station or jail, and he shall be proceeded against in
accordance with Rule 112, Section 7.
ii.
independently
of
and
notwithstanding the preliminary
investigation made by a provincial
fiscal
iii.
After
examination
of
the
complainant and the witnesses he
may produce
iv.
Probable cause
Basis
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Malicious prosecution
Issuance of arrest
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immediate custody, judge may issue the
warrant.
vi.
Rule 112, Sec. 6. When warrant of arrest may issue.-- (a) By the
Regional Trial Court.-- Upon the filing of an information, the
Regional Trial Court may issue a warrant for the arrest of the
accused.
(b) By the Municipal Trial Court.-- If the municipal trial judge
conducting the preliminary investigation is satisfied after an
examination in writing and under oath of the complainant and his
witnesses in the form of searching questions and answers, that a
probable cause exists and that there is a necessity of placing the
respondent under immediate custody in order not to frustrate the
ends of justice, he shall issue a warrant of arrest. (Rules of Court.)
Rule 126, Sec. 4. Examination of complainant; record.-- The judge
must, before issuing the warrant, personally examine in the form of
searching questions and answers, in writing and under oath the
complainant and any witnesses he may produce on facts personally
known to them and attach to the records their sworn statements
together with any affidavits submitted.
b.
3.
Administrative Warrants
Essentials:
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4.
General warrant
a.
b.
Rules of Court, Rule 126, Sec. 12. Search incident to lawful arrest.A person lawfully arrested may be searched for dangerous weapons
or anything which may be used as proof of the commission of an
offense, without a search warrant.
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c.
5.
d.
e.
Requisites
f.
Customs search
g.
Rules of Court, Rule 126, sec. 2. Personal property to be seized.-A search warrant may be issued for the search and seizure of the
following personal property:
(a) Subject matter of the offense;
(b) Stolen or embezzled and other proceeds or fruits of the offense;
and
(c) Used or intended to be used as a means of committing an
offense.
1987 Constitution, Art. III, Sec. 3(2). Any evidence obtained in
violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.
6.
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8.
b.
Art. III, Sec. 12(1). Any person under custodial 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.
(1) 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.
(2) Any confession or admission obtained in violation of this
or sec. 17 hereof, shall be inadmissible in evidence against
him.
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(3) The law shall provide for penal and civil sanctions for
violations of this section, as well as compensation to and
rehabilitation of victims of torture or similar practices, and
their families.
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detains or investigates any person for the commission
of an offense shall inform the latter, in a language
known to and understood by him, of his rights to
remain silent and to have competent and
independent counsel, preferably of his own choice,
who shall at all times be allowed to confer privately
with the person arrested, detained or under custodial
investigation. If such person cannot afford the
services of his own counsel, he must be provided with
a competent and independent counsel by the
investigating officer.
(c) The custodial investigation report shall be
reduced to writing by the investigating officer,
provided that before such report is signed, or
thumbmarked if the person arrested or detained does
not know how to read and write, it shall be read and
adequately explained to him by his counsel or by the
assisting counsel provided by the investigating officer
in the language or dialect known to such arrested or
detained person, otherwise, such investigation report
shall be null and void and of no effect whatsoever.
Sec. 4. Penalty Clause. --(a) Any arresting public officer or employee, or any
investigating officer who fails to inform any person
arrested, detained or under custodial investigation of
his right to remain silent and to have competent and
independent counsel preferably of his own choice,
shall suffer a fine of P6,000.00 or a penalty of
imprisonment of not less than 8 years but not more
than 10 years, or both. The penalty of perpetual
absolute disqualification shall also be imposed upon
the investigating officer who has been previously
convicted of a similar offense.
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Rights end at the time of the filing of criminal cases in
court
MIRANDA RIGHTS [Miranda v. Arizona, 384 U.S. 436
(1966)]
Any person under custodial or police
investigation has the right to be informed of the following
rights:
1. Right to remain silent
2. Right to be reminded that if he waives his right to remain
silent, anything he says can and will be used against him.
3. Right to counsel before and during interrogation
4. Right to be reminded that if he cannot afford counsel,
then one will be provided for him by the state.
5. Even if the person consent to answer questions without
the assistance of counsel, the moment he asks for a
lawyer at any point in the investigation, the interrogation
must cease until an attorney is present.
6. if the foregoing protections and warnings are not
demonstrated during the trial to have been observed by
the prosecution, no evidence obtained as a result of the
interrogation can be used against him.
The reading of these rights is no less indispensable even if
the person arrested is a prominent Constitutional lawyer,
as to assure him that his interrogators are willing to
respect his rights amidst the pressure of custodial
investigation.
The Miranda rights are available to avoid involuntary
extrajudicial confession
For an extrajudicial confession to be admissible, it must
satisfy the following requirements:
(1) it must be voluntary
(2) it must be made with the assistance of competent and
independent counsel
(3) it must be express
(4) it must be in writing
ii.
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2.
3.
4.
5.
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1.
2.
3.
4.
vi.
5.
6.
Art. III, 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.
Right to bail
Art. III, Sec. 13. All persons, except those charged with offenses
punishable by reclusion perpetua when the 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.
Bail
In the case of bail,
there is an implicit
recognition that the
arrest and detention,
are valid, or that even
if they were initially
illegal, such illegality
was cured by the
subsequent filing of a
case in court.
The prayer in bail is
that one be released
temporarily from such
valid detention, and
this can be made
anytime after arrest.
The Constitution now
provides, overruling
Morales v. Enrile that
the suspension of the
privilege of the writ
does not carry with it
the suspension of the
right to bail.
Matter of right
Bail is a matter of
right in all cases
not punishable by
reclusion
perpetua.
Habeas corpus
In habeas corpus, the assumption is
precisely that the arrest and detention
are illegal, so that
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who issued the warrant or granted the application shall fix a
reasonable amount of bail considering primarily, but not
limited to the following guidelines:
(a) Financial ability of the accused to give bail;
(b) Nature and circumstances of the offense;
(c) Penalty of the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) The weight of the evidence against the accused;
(g) Probability of the accused appearing in trial;
(h) Forfeiture of other bonds;
(i) The fact that accused was a fugitive from justice
when arrested; and
(j) The pendency of other cases in which the accused
is under bond.
Excessive bail shall not be required.
B.
1.
2.
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4.
Rules of Court, Rule 119, sec. 15. Demurrer to evidence. After the
prosecution has rested its case, the court may dismiss the case on
the ground of insufficiency of evidence:
on its own initiative after giving the prosecution an opportunity to
be heard; or
on motion of the accused filed with proper leave of court.
If the court denies the motion for dismissal, the accused may
adduce evidence in his defense. When the accused files such motion
to dismiss without express leave of court, he waives the right to
present evidence and submits the case for judgment on the basis of
the evidence for the prosecution.
a.
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5.
b.
c.
6.
7.
8.
Speedy
9.
Impartial trial
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The rules:
1. Generally, the accused has the right to be present at
all stages the trial (from arraignment to rendition of
judgment).
2. If the accused is in the custody of the law, his
presence during the trial is a duty only if the court
orders his presence to enable the prosecution
witnesses to identify him. (People v. Salas, supra)
3. Although the accused is not in the custody of the
law (and more so if he is in the custody of the law),
his presence is required in the following cases:
a. Arraignment, regardless of the offense;
b. Entering a plea, regardless of whether the plea
is guilty or not guilty.
c. Promulgation of judgment, except that when
the judgment is for a light offense, he may be
represented by his counsel or a personal
emissary.
a.
Arraignment
10.
b.
c.
a.
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b.
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Exclusionary rule
e.
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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 or the extension thereof, and must promulgate its decision
within 30 days from its filing.
Art. IX, A, Sec. 7. Each Commission shall decide by a majority vote of
all its Members any case or matter brought before it within 60 days
from the date of its submission for decision or resolution. A case or
matter is deemed submitted for decision or resolution upon the
filing of the last pleading, brief, or memorandum required by the
rules of the Commission or by the Commission itself. Unless
otherwise provided by this Constitution or by law, any decision,
order, or ruling of each Commission may be brought to the Supreme
Court on certiorari by the aggrieved party within 30 days from
receipt of a copy thereof.
a.
d.
b.
Art. III, Sec 22. No ex post facto law or bill of attainder shall be
enacted.
Involuntary servitude
Art. III, Sec. 18(2). No involuntary servitude in any form shall exist
except as a punishment for a crime whereof the party shall have
been duly convicted.
c.
Art. III, Sec. 20. No person shall be imprisoned for debt or nonpayment of a poll tax.
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Indefinite imprisonment
Art. III, Sec. 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.
2008
Characteristics of both:
Kinds
1. Bill of attainder proper: legislative
imposition of the death penalty
2. Bill of pains and penalties: imposition of a
lesser penalty).
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14. Double jeopardy
Art. III, Sec. 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.
Exceptions
(1) The graver offense developed die to
"supervening facts" arising from the same
act or omission constituting the former
charged.
(2) The facts constituting the graver charge
became known or were discovered only
after the filing of the former complaint or
information.
(3) The plea of guilty to the lesser offense
was made without the consent of the
fiscal and the offended party.
Attachment of Jeopardy
(1) Upon a good indictment
(2) Before a competent court
(3) After arraignment
(4) After plea
Termination of Jeopardy
(1) By acquittal
(2) By final conviction
(3) By dismissal without express consent of accused
(4) By dismissal on the merits
When defense of double jeopardy is available
(1) Dismissal based on insufficiency of evidence;
(2) Dismissal bec. of denial of accused's right to speedy
trial;
(3) Accused is discharged to be a state witness.
When defense of double jeopardy is NOT available
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2008
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