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Marbury v Madison

Delivering of the commission of the appointments of new fed judges


Jefferson – president
Marbury – Supposedly new fed judge
Marbury filed a writ of mandamus
3 issues by John Marshall opinion (previous sec of state turned SC chief justice)
1. W/N there’s legal harm suffered by Marbury
a. Non-delivery by Jefferson was is illegal
2. W/N there’s a remedy at law for legal injuries
a. Yes, he has a right to sue
3. Can the SC do anything about it
a. Judiciary Act of 1789 (Section 13)
i. Writ of Mandamus – expansion of original jurisdiction
- Unconstitutional (conflicts with Art. 3 Sec. 2 of US
Const)
2. Judiciary Act of 1789 essentially amend the Constitution
b. He then declared a law of Congress unconstitutional
i. Judicial Review
1. Only the SC can say what the Constitution is

THE MALOLOS CONSTITUTION


TITLE III
RELIGION
Article 5. The State recognizes the freedom and equality of all religions, as well as the separation of the
Church and the State.

TITLE IV
THE FILIPINOS AND THEIR NATIONAL
AND INDIVIDUAL RIGHTS
Article 6. The following are Filipinos:
1. All persons born in the Philippine territory. A vessel of Philippine registry is considered, for this
purpose, as part of Philippine territory.
2. Children of a Filipino father or mother, although born outside of the Philippines.
3. Foreigners who have obtained certification of naturalization.
4. Those who, without such certificate, have acquired a domicile in any town within Philippine
territory.
It is understood that domicile is acquired by uninterrupted residence for two years in any locality within
Philippine territory, with an open abode and known occupation, and contributing to all the taxes
imposed by the Nation.
The condition of being a Filipino is lost in accordance with law.
Article 7. No Filipino or foreigner shall be detained nor imprisoned except for the commission of a crime
and in accordance with law.
Article 8. All persons detained shall be discharged or delivered to the judicial authority within 24 hours
following the act of detention. All detentions shall be without legal effect, unless the arrested person is
duly prosecuted within 72 hours after delivery to a competent court. The accused shall be duly notified
of such proceeding within the same period.
Article 9. No Filipino shall be imprisoned except by virtue of an order by a competent court. The order of
imprisonment shall be ratified or confirmed within 72 hours following the said order, after the accused
has been heard.
Article 10. No one shall enter the dwelling house of any Filipino or a foreigner residing in the Philippines
without his consent except in urgent cases of fire, inundation, earthquake or similar dangers, or by
reason of unlawful aggression from within, or in order to assist a person therein who cries for help.
Outside of these cases, the entry into the dwelling house of any Filipino or foreign resident in the
Philippines or the search of his papers and effects can only be decreed by a competent court and
executed only in the daytime. The search of papers and effects shall be made always in the presence of
the person searched or of a member of his family and, in their absence, of two witnesses resident of the
same place. However, when a criminal caught in fraganti should take refuge in his dwelling house, the
authorities in pursuit may enter into it, only for the purpose of making an arrest. If a criminal should
take refuge in the dwelling house of a foreigner, the consent of a latter must first be obtained.
Article 11. No Filipino shall be compelled to change his residence or domicile except by virtue of a final
judgment.
Article 12. In no case may correspondence confided to the post office be detained or opened by
government authorities, nor any telegraphic or telephonic message detained. However, by virtue of a
competent court, correspondence may be detained and opened in the presence of the sender.
Article 13. All orders of imprisonment, of search of a dwelling house, or detention of written
correspondence, telegraph or telephone, must be justified. When an order lacks this requisite, or when
the grounds on which the act was founded is proven in court to be unlawful or manifestly insufficient,
the person to be detained or whose imprisonment has not been ratified within the period prescribed in
Art. 9, or whose correspondence has been detained, shall have the right to recover damages.
Article 14. No Filipino shall be prosecuted or sentenced, except by a judge or court of proper jurisdiction
and according to the procedure prescribed by law.
Article 15. Exept in the cases provided by the Constitution, all persons detained or imprisoned not in
accordance with legal formalities shall be released upon his own petition or upon petition of another
person. The law shall determine the manner of proceeding summarily in this instance, as well as the
personal and pecuniary penalties which shall be imposed upon the person who ordered, executed or to
be executed the illegal detention or imprisonment.
Article 16. No one shall be temporarily or permanently deprived of rights or dstured in his enjoyment
thereof, except by virtue of judicial sentence. The officials who, under any pretext whatsoever, should
violate this provision, shall be personally liable for the damages caused.
Article 17. No one shall be deprived of his property by expropriation except on grounds of public
necessity and benefit, previously declared and justified by proper authorities, and indemnifying the
owner thereof prior to expropriation.
Article 18. No one shall be obliged to pay any public tax which had not been approved by the National
Assembly or by local popular governments legally so authorized, and which is not in the manner
prescribed by the law.
Article 19. No Filipino who is in full enjoyment of his civil or political rights, shall be impeded in the free
exercise of said rights.
Article 20. Neither shall any Filipino be deprived:
1. Of the right to freely express his ideas or opinions, orally or in writing, through the use of the
press or other similar means.
2. Of the right of association for purposes of human life and which are not contrary to public
morals; and lastly
3. Of the right to send petitions to the authorities, individually or collectively.
The right of petition shall not be exercised through any kind of armed force.
Article 21. The exercise of the rights provided for in the preceding article shall be subject to general
provisions regulating the same.
Article 22. Crimes committed on the occasion of the exercise of rights provided for in this title, shall be
punished by the courts in accordance with the laws.
Article 23. Any Filipino may establish and maintain institutions of learning, in accordance with the laws
authorizing them. Public education shall be free and obligatory in all schools of the nation.
Article 24. Foreigners may freely reside in Philippine territory, subject to legal dispositions regulating the
matter; may engage in any occupation or profession for the exercise of which no special license is
required by law to be issued by the national authorities.
Article 25. No Filipino who is in full enjoyment of his political and civil rights shall be impeded in his right
to travel freely abroad or in his right to transfer his residence or possessions to another country, except
as to his obligations to contribute to military service or the maintenance of public taxes.
Article 26. No foreigner who has not been naturalized may exercise in the Philippines any office which
carries with it any authority or jurisdictional powers.
Article 27. All Filipinos are obliged to defend his country with arms when called upon by law, and to
contribute to the expenses of the State in proportion to his means.
Article 28. The enumeration of the rights provided for in this title does not imply the denial of other
rights not mentioned.
Article 29. The prior authorization to prosecute a public official in the ordinary courts is not necessary,
whatever may be the crime committed.
A superior order shall not exempt a public official from liability in the cases which constitute apparent
and clear violations of constitutional precepts. In others, the agents of the law shall only be exempted if
they did not exercise the authority.
Article 30. The guarantees provided for in Articles 7, 8, 9, 10, and 11 and paragraphs 1 and 2 of Article
20 shall not be suspended, partially or wholly, in any part of the Republic, except temporarily and by
authority of law, when the security of the State in extraordinary circumstances so demands.
When promulgated in any territory where the suspension applies, there shall be a special law which
shall govern during the period of the suspension, according to the circumstances prevailing.
The law of suspension as well as the special law to govern shall be approved by the National Assembly,
and in case the latter is in recess, the Government shall have the power to decree the same jointly with
the Permanent Commission, without prejudice to convoking the Assembly without the least delay and
report to it what had been done.
However, any suspension made shall not affect more rights than those mentioned in the first paragraph
of this Article nor authorize the Government to banish or deport from the Philippines any Filipino.
Article 31. In the Republic of the Philippines, no one shall be judged by a special law nor by special
tribunals. No person or corporation may enjoy privileges or emoluments which are not in compensation
for public service rendered and authorized by law. War and marine laws shall apply only for crimes and
delicts which have intimate relation to military or naval discipline.
Article 32. No Filipino shall establish laws on primogeniture, nor institutions restrictive of property
rights, nor accept honors, decorations, or honorific titles or nobility from foreign nations without the
consent of the Government. Neither shall the Government establish in the Republic institutions
mentioned in the preceding paragraph, nor confer honors, decorations, or honorific titles of nobility to
any Filipino.
The Nation, however, may reward by special law approved by the Assembly, conspicuous services
rendered by citizens of the country.

PHILIPPINE BILL OF 1902


Section 5. That the statutory laws of the United States hereafter enacted shall not apply to the
Philippine Islands, except when they specifically so provide, or it is so provided in this Act.

1935 CONSTITUTION
ARTICLE II
DECLARATION OF PRINCIPLES
Section 1. The Philippines, is a republican state. Sovereignty resides in the people and all government
authority emanates from them.
Section 2. The defense of the State is a prime duty of government, and in the fulfillment of this duty all
citizens may be required by law to render personal military or civil service.
Section 3. The Philippines renounces war as an instrument of national policy, and adopts the generally
accepted principles of international law as part of the law of the Nation.
Section 4. The natural right and duty of parents in the rearing of the youth for civic efficiency should
receive the aid and support of the government.
Section 5. The promotion of social justice to insure the well-being and economic security of all the
people should be the concern of the State.

ARTICLE III
BILL OF RIGHTS
Section 1.
1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.
2. Private property shall not be taken for public use without just compensation.
3. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon
probable cause, to be determined 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.
4. The liberty of abode and of changing the same within the limits prescribed by law shall not be
impaired.
5. The privacy of communication and correspondence shall be inviolable except upon lawful order
of the court or when public safety and order require otherwise.
6. The right to form associations or societies for purposes not contrary to law shall not be
abridged.
7. No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof, and 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.
8. No law shall be passed abridging the freedom of speech, or of the press, or the right of the
people peaceably to assemble and petition the Government for redress of grievances.
9. No law granting a title of nobility shall be enacted, and no person holding any office of profit
shall, without the consent of the Congress of the Philippines, accept any present, emolument,
office, or title of any kind whatever from any foreign state.
10. No law impairing the obligation of contracts shall be passed.
11. No ex post facto law or bill of attainder shall be enacted.
12. No person shall be imprisoned for debt or non-payment of a poll tax.
13. No involuntary servitude in any form shall exist except as a punishment for crime whereof the
party shall during such period the necessity for such suspension shall exist.
14. No person shall be held to answer for a criminal offense without due process of law.
15. All persons shall before conviction be bailable by sufficient sureties, except those charged with
capital offenses when evidence of guilt is strong. Excessive bail shall not be required.
16. In all criminal prosecutions the accused shall be presumed to be innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the
nature and cause of the accusation against him, to have a speedy and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of witnesses in
his behalf.
17. No person shall be compelled to be a witness against himself.
18. Excessive fines shall not be imposed, nor cruel and unusual punishment inflicted.
19. 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.
20. Free access to the courts shall not be denied to any person by reason of poverty.

1973 CONSTITUTION
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES
Section 1. The Philippines is a republican state. Sovereignty resides in the people and all government
authority emanates from them.
Section 2. The defense of the State is the prime duty of government, and in the fulfillment of this duty
all citizens may be required by law to render personal military or civil service.
Section 3. The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land, and adheres to the policy of
peace, equality, justice, freedom, cooperation, and amity with all nations.
Section 4. The State shall strengthen the family as a basic social institution. The natural right and duty of
parents in the rearing of the youth for civic efficiency and the development of moral character shall
receive the aid and support of the government.
Section 5. The State recognizes the vital role of the youth in nation-building and shall promote their
physical, intellectual and social well-being.
Section 6. The State shall promote social justice to ensure the dignity, welfare, and security of all the
people. Towards this end, the State shall regulate the acquisition, ownership, use, enjoyment, and
disposition of private property, and equitably diffuse property ownership and profits.
Section 7. The State shall establish, maintain, and ensure adequate social services in the field of
education, health, housing, employment, welfare, and social security to guarantee the enjoyment of the
people of a decent standard of living.
Section 8. Civilian authority is at all times supreme over the military.
Section 9. The State shall afford protection to labor, promote full employment and equality in
employment, ensure equal work opportunities regardless of sex, race, or creed, and regulate the
relation between workers and employers. The State shall assure the rights of workers to self-
organization, collective bargaining, security of tenure, and just and humane conditions of work. The
State may provide for compulsory arbitration.
Section 10. The State shall guarantee and promote the autonomy of local government units, especially
the barrio, to ensure their fullest development as self-reliant communities.

ARTICLE IV
BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.
Section 2. Private property shall not be taken for public use without just compensation.
Section 3. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and whatever purpose shall not be violated, and
no search warrant or warrant of arrest shall issue except upon probable cause to be determined by the
judge, or such other responsible officer as maybe authorized by law, 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.
Section 4.
1. The privacy of communication and correspondence shall be inviolable except upon lawful order
of the court, or when public safety and order require otherwise.
2. Any evidence obtained in violation of this or the preceding Section shall be inadmissible for any
purpose in any proceeding.
Section 5. The liberty of abode and of travel shall not be impaired except upon lawful order of the court,
or when necessary in the interest of national security, public safety, or public health.
Section 6. 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, shall be afforded the citizen subject to such limitations as may be provided by law.
Section 7. The right to form associations or societies for purposes not contrary to the law shall not be
abridged.
Section 8. 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.
Section 9. No law shall be passed abridging the freedom of speech, or the press, or the right of the
people peaceably to assemble and petition the government for redress of grievances.
Section 10. No law granting a title of royalty or nobility shall be enacted.
Section 11. No law impairing the obligation of contracts shall be passed.
Section 12. No ex post facto law or bill of attainder shall be enacted.
Section 13. No person shall be imprisoned for debt or non-payment of a poll tax.
Section 14. No involuntary servitude in any form shall exist except as a punishment for a crime whereof
the party shall have been duly convicted.
Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion,
insurrection, or rebellion, or imminent danger thereof, when the public safety requires it.
Section 16. All persons, shall have the right to a speedy disposition of their cases in all judicial, quasi-
judicial, or administrative bodies.
Section 17. No person shall be held to answer for a criminal offense without due process of law.
Section 18. All persons, except those charged with capital offenses when evidence of guilt is strong shall,
before conviction, be bailable by sufficient sureties. Excessive bail shall not be required.
Section 19. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and
cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses
face to face, and to have compulsory process to secure the attendance of witnesses and the production
of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his failure to appear is unjustified.
Section 20. No person shall be compelled to be a witness against himself. Any person under
investigation for the commission of an offense shall have the right to remain silent and to counsel, and
to be informed of such right. No force, violence, threat, intimidation, or any other means which vitiates
the free will shall be used against him. Any confession obtained in violation of this section shall be
inadmissible in evidence.
Section 21. Excessive fines shall not be imposed nor cruel or unusual punishment inflicted.
Section 22. 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.
Section 23. Free access to the courts shall not be denied to any person by reason of poverty.

1987 CONSTITUTION
DECLARATION OF PRINCIPLES AND STATE POLICIES
Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all
government authority emanates from them.
Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations.
Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State
and the integrity of the national territory.
Section 4. The prime duty of the Government is to serve and protect the people. The Government may
call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required,
under conditions provided by law, to render personal, military or civil service.
Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and
promotion of the general welfare are essential for the enjoyment by all the people of the blessings of
democracy.
Section 6. The separation of Church and State shall be inviolable.
STATE POLICIES
Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the
paramount consideration shall be national sovereignty, territorial integrity, national interest, and the
right to self-determination.
Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom
from nuclear weapons in its territory.
Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through policies that provide adequate
social services, promote full employment, a rising standard of living, and an improved quality of life for
all.
Section 10. The State shall promote social justice in all phases of national development.
Section 11. The State values the dignity of every human person and guarantees full respect for human
rights.
Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as
a basic autonomous social institution. It shall equally protect the life of the mother and the life of the
unborn from conception. The natural and primary right and duty of parents in the rearing of the youth
for civic efficiency and the development of moral character shall receive the support of the Government.
Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and
protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public and civic affairs.
Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental
equality before the law of women and men.
Section 15. The State shall protect and promote the right to health of the people and instill health
consciousness among them.
Section 16. The State shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.
Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to
foster patriotism and nationalism, accelerate social progress, and promote total human liberation and
development.
Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.
Section 19. The State shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.
Section 20. The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.
Section 21. The State shall promote comprehensive rural development and agrarian reform.
Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the
framework of national unity and development.
Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations
that promote the welfare of the nation.
Section 24. The State recognizes the vital role of communication and information in nation-building.
Section 25. The State shall ensure the autonomy of local governments.
Section 26. The State shall guarantee equal access to opportunities for public service and prohibit
political dynasties as may be defined by law.
Section 27. The State shall maintain honesty and integrity in the public service and take positive and
effective measures against graft and corruption.
Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions involving public interest.

BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon probable cause to be determined personally
by the judge after examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or things to be seized.
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.
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.
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or
preference, shall forever be allowed. No religious test shall be required for the exercise of civil or
political rights.
Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be
impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in
the interest of national security, public safety, or public health, as may be provided by law.
Section 7. The right of the people to information on matters of public concern shall be recognized.
Access to official records, and to documents and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.
Section 8. The right of the people, including those employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without just compensation.
Section 10. No law impairing the obligation of contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.
Section 12.
1. Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of
counsel.
2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.
3. Any confession or admission obtained in violation of this or Sec. 17 hereof shall be inadmissible
in evidence against him.
4. The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to the rehabilitation of victims of torture or similar practices, and their families.
Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege
of the writ of habeas corpus is suspended. Excessive bail shall not be required.
Section 14.
1. No person shall be held to answer for a criminal offense without due process of law.
2. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved,
and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and
cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of witnesses
and the production of evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused: Provided, that he has been duly notified and his
failure to appear is unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion
or rebellion, when the public safety requires it.
Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a witness against himself.
Section 18.
1. No person shall be detained solely by reason of his political beliefs and aspirations.
2. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the
party shall have been duly convicted.
Section 19.
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.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.