HUMAN RIGHTS COVID MODULE FOR SEMI FINAL AND FINAL EXAM

INSTRUCTOR: Jersam Q. Beniera, J.D

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.
Definition of Bail
A mode short of confinement which would, with reasonable certainty, insure the
attendance of the accused at his trial. Usually takes form of a deposit of money or its
equivalent as a guarantee if such attendance and which deposit is forfeited upon failure
to appear.
Definition of Recognizance
An obligation of record entered into before a court guaranteeing the appearance
of the accused for trial. It is in nature of a contract between the surety and the state
Reason for the award of bail to the accused
1. Honor the presumption of innocence until his guilt is proven beyond reasonable doubt
2. Enable him to prepare his defense without being subject to punishment prior to
conviction
Persons who have a constitutional right to bail
General Rule: Available to all persons actually detained
Exception: those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong.
1. Those charged with an offense punishable by reclusion perpetua, and
2. The evidence against him is strong
When can the lost of the right to bail be determined?
Only after hearing, since it is based on the nature of the offense and the quantum
of evidence against him.
Under the custody of the law
1. When the person is arrested
2. When he has voluntarily submitted himself to the jurisdiction of the court by
surrendering to the proper authorities
Duties of the trial judge in case an application of bail is filed
1. Notify the prosecutor of the hearing of the application for bail or require him to submit
his recommendation
2. Conduct a hearing of the application for bail regardless of whether or not the
prosecution refuses to present evidence to show that the guilt of the accused is strong
for the purpose of enabling the court to exercise its sound discretion.
3. Decide whether the evidence of guilt of the accused is strong based on the summary
of evidence of the prosecution
4. If the guilt of the accused is not strong, discharge the accused upon the approval of
the bail bond.
Meaning of “strong evidence of guilt for purposes of denying bail”
a. Proof evident or Evident proof—clear, strong evidence which leads a well-guarded
dispassionate judgment to the
conclusion that the offense has been committed as charged, that accused is the guilty
agent, and that he will
probably be punished capitally if the law is administered.
b. Presumption great exists when the circumstances testified to are such that the
inference of guilt naturally to be drawn therefrom is strong, clear, and convincing to an
unbiased judgment and excludes all reasonable probability of any other conclusion
Life imprisonment v. Reclusion perpetua
Life imprisonment
a. Imposed for serious offenses penalized by special laws
b. Does not carry accessory penalty
c. Does not have any definite extent or duration
Reclusion perpetua
a. Prescribed under the RPC
b. Carries accessory penalty
c. Incarceration for at least 30 years after which the convict becomes eligible for pardon
Implicit limitations on the right to bail
1. The person claiming the right must be under actual detention
2. The constitutional right is available only in criminal cases, not, e.g., in deportation
proceedings
Factors to be considered in determining the amount of bail
1. Ability of the accused to give bail
2. Nature of the offense
3. Penalty for the offense charged
4. Character and reputation of the accused
5. Health of the accused
6. Character and strength of the evidence
7. Probability of the accused appearing in trial
8. Forfeiture of other bonds
9. Whether the accused was fugitive from justice when arrested
10. If the accused is under bond for appearance at trial in other cases
Cases/Doctrines
Right to bail is not available to soldiers under court martial because they are
allowed the fiduciary right to bear arms and can therefore cause great havoc.
Comendador v. de Villa
Extradition is not a criminal proceeding. Hence, a respondent in an extradition
proceeding is not entitled to bail. US v. Judge Puruganan
Bail cannot be excessive for if so, it can amount to a denial of bail. De la Camara v.
Enage
A person may be prevented from leaving the country as a necessary consequence of
the admission of bail. A bail bond is intended to make a person available any time he is
needed by the court. Manotoc v. CA

Section 14: No person shall be held to answer for a criminal offense without due
process of law.
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.
Due process in criminal cases
The procedure established by law must be followed:
Satisfaction of the due process requirement in criminal cases

 Accused is informed as to why he is proceeded against and what charge he has

to meet, with his conviction being made
 to rest on evidence that is not tainted with falsity after full opportunity for him for
rebutting it and the sentence being
 imposed in accordance with law, where it is assumed that the court that rendered
the decision is one of competent jurisdiction. Nunez v. Sandiganbayan
Cases/Doctrines under due process
A judge who replaces another judge may validly render a decision although he has only
partly heard the testimony of witnesses. People v Narajos
Since administrative agencies are not bound to follow the rules of criminal procedure,
they may not impose criminal penalties. Socty’s Department Store v. Micaller
To warrant a finding of prejudicial publicity, there must be allegation and proof that the
judges have been unduly influenced, not simply that they might be, by the barrage of
publicity. Webb v. de leon
Generally, the SC has no supervisory authority over military courts. However, the SC
may review decisions of the Court of Military Appeals. Buscayno & Sison v. Military
Commission
A military commission or tribunal cannot try and exercise jurisdiction, even during the
period of martial law, over civilians for offenses allegedly committed by them as long as
the civil courts are open and functioning. Olaguer v. Military Commission
Presumption of innocence
Its principal effect is that no person shall be convicted unless the prosecution has
proved him guilty beyond reasonable doubt.
The burden of proof to establish the guilt of the accused is with the prosecution.
US v. Luling
Cases/Doctrines under presumption of innocence
Sec. 4 of BP 52, which states that “filing of charges for the commission of such crimes
before a civil court or military tribunal after preliminary investigation shall be prima facie
evidence of such fact,” is violative of the guarantee of presumption of innocence.
Dumlao v. Comelec
Preventive suspension pendent lite does not violate the right to be presumed
innocent because it is not a penalty. Gonzaga v. Sandiganbayan
There is no constitutional objection to a law providing that the presumption of
innocence may be overcome by a contrary presumption founded upon the experience of
human conduct, and enacting what evidence shall be sufficient to overcome such
presumption of innocence, such as prima facie evidences. People v. Mingoa
Elements of the right to be heard
1. The right to be present at the trial
2. The right to counsel
3. The right to an impartial judge
4. The right of confrontation
5. The right to compulsory process to secure the attendance of witnesses.
Scope of the right to be present at the trial
It covers only the period from arraignment to promulgation of sentence, however,
it has been modified by Section 14(2)
that “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.”
Conditions for waiver of the right to be present at the trial
1. After arraignment, he may be compelled to appear for the purpose of identification by
the witnesses of the prosecution.
2. Provided he unqualifiedly admits in open court after his arraignment that he is the
person named as the defendant in the case on trial
Requisites of a valid trial in absentia
1. The accused has already been arraigned
2. He has been duly notified of the trial; and
3. His failure to appear is unjustifiable
Reason for allowing trial in absentia
To speed up the disposition of criminal cases
Reason for the right to counsel of the accused
To protect himself when brought before a tribunal with power to take his life or liberty,
wherein the prosecution is represented by an experienced and learned counsel.
Johnson v. Zerbst
Duties of the trial judge at the pre-arraignment
1. Inform the accused that he has a right to a counsel before arraignment
2. Ask the accused if he desires the aid of counsel
3. If the accused desires counsel, but cannot afford one, a counsel de oficio must be
appointed.
4. If the accused desires to obtain his own counsel, the court must give him a
reasonable time to get one
Cases/Doctrines under the right to counsel
The duty of the court to appoint a counsel de oficio for the accused who has no
counsel of choice and desires to employ the services of one is mandatory only at the
time of arraignment. No such duty exists where the accused has proceeded to
arraignment and then trial with a counsel of his own choice. Libuit v. People
When the accused discovered, after conviction, that his lawyer was not a member of the
bar, he was granted a new trial for he has a right to a qualified counsel. Delgado v. CA
There is no denial of the right to counsel where a counsel de oficio was appointed
during the absence of the accused’s
counsel de parte, pursuant to the court’s desire to finish the case early as practicable
under the continuous trial system.
People v. Larranaga
A person may not be denied the right to confer with counsel even in times of
emergency. Diokno v. Enrile
Purpose of the Right to be informed
1. To enable the accused to make his defense based on the description of the charge
against him
2. To avail himself of his conviction or acquittal for protection against a further
prosecution for the same cause
3. To inform the court of the facts alleged, so that it may decide whether they are
sufficient in law to support a conviction, if one should be had
Scope of the right to be informed
The complaint must contain a specific allegation of every fact and circumstance
necessary to constitute the crime charged. Hence, facts must be stated and not
conclusions of law to satisfy this right.
A criminal information, to satisfy the right of the accused to be informed, must contain
1. The name of the accused
2. The designation given to the offense by the statute
3. A statement of the acts or omission so complained of as constituting the offense
4. The name of the offended party
5. The approximate time and fate of the commission of the offense—hence, the precise
time is not essential
6. The place where the offense had been committed.
Factors to consider if the right to speedy trial has been violated
1. Length of the delay
2. Reason of the delay
3. Effort of the defendant to assert his right
4. Prejudice caused to the defendant

When does the delay start?

One begins to count the delay of the trial only after the filing of the information.
Moreover, the delay contemplated here is unreasonable delay. Martin v. General Fabian
Remedy for violation of the right to speedy trial
The accused is entitled to dismissal of the case through mandamus, and, if he is under
detention, to release by habeas corpus. Dismissal here is equivalent to an acquittal and
is a bar to another prosecution for the same offense.
Right to a public trial
 A trial is public when attendance is open to all, irrespective of relationship to
defendants.

Exception to a right to a public trial

When the evidence to be presented is characterized as “offensive to decency or public
morals,” the proceeding may be limited to friends, relatives and counsel.
Purpose of the right to a public trial
To serve as a safeguard against any attempt to employ our courts as instruments for
persecution. Garcia v. Domingo
Where the arraignment and hearing were not held in court, the right to a public trial is
violated when
1. The public was excluded
2. The accused was prejudiced
3. The accused objected during the trial
Purpose of the right of confrontation or the right to meet witness face to face
1. To afford the accused an opportunity to test the testimony of the witness by cross
examination.
2. To allow the judge to observe the deportation or demeanor of the witness
Exceptions to the right of confrontation
1. Admissibility of “dying declarations”
2. Trial in absentia

Cases/Doctrines under the right of confrontation

Affidavit executed by a witness may not be admitted in evidence if the witness is
not produced in court. People v. Ramos
Extra-judicial statements of an accused implicating another cannot be used
against the latter. People v. de la Cruz
Under Sec. 5 of Rule 112, an accused is not entitled as a matter of right to be
present during the preliminary examination nor to cross-examine the witnesses
presented against him before his arrest, the purpose of said examination being merely
to determine whether or not there is sufficient reason to issue a warrant of arrest.
Marinas v. Siochi

Compulsory process
An additional requirement to the one laid down in the 1935 version is the right to
have compulsory process, not only to secure the attendance of witnesses in his behalf,
but also, to secure the production of evidence in his behalf.
Presumption in the matter of waiver of a constitutional right
The presumption is always against the waiver. The prosecution must prove with
strongly convincing evidence to the satisfaction of this Court that indeed that accused
willingly and voluntarily submitted his confession and knowingly and deliberately
manifested.

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.

Definition of writ of habeas corpus

A writ directed to the person detaining another, commanding him to produce the body of
the prisoner at a designated time and place, with the day and cause of his caption and
detention, to do, submit to, and receive whatever the court or judge awarding the writ
shall consider in that behalf.

Prime requisite for its availability

Actual deprivation of personal liberty, however, liberty may be lost not by physical
compulsion alone.
Freedom may be lost due to external moral compulsion, to founded or groundless fear,
to erroneous belief in the existence of an imaginary power of an imposter to cause harm
if not blindly obeyed, to any other psychological element that may curtail the mental
faculty of choice or the unhampered exercise of the will

What is the “privilege of the writ of habeas corpus”?

It is the right to have an immediate determination of the legality of the deprivation
of physical liberty.
Who suspends the privilege?
The President
When may the privilege be suspended?
1. Existence of actual invasion or rebellion; and
2. Public safety requires the suspension
3 faces of the political question doctrines: (combination of all three)

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

Right to speedy disposition of cases v. Right to speedy trial

Right to speedy disposition of cases covers all phases (before, during and after)
of any judicial, quasi-judicial or administrative proceedings, while the Right to speedy
trial covers only the trial phase of criminal cases.
Factors to be considered to know if the right has been violated
1. The length of delay
2. Reason for the delay
3. Assertion of the right or failure to assert it
4. Prejudice caused by the delay
Remedy for the violation of this right
Dismissal through mandamus

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

Purpose of the guarantee against self-incrimination

It was established on the grounds of
a. Public policy—because if the party were required to testify, it would place the witness
under the strongest temptation to commit the crime of perjury; and
b. Humanity—because it would prevent the extorting of confessions by duress.
Persons who are protected by this right
Only natural persons
When is a question incriminating?
Usually, a crime or a criminal act may contain two or more elements and that a question
would have a tendency to incriminate, even if it tends to elicit only one of said elements.
The Right includes a right to refuse to testify to a fact which would be a necessary link
in a chain of evidence to prove the commission of a crime by a witness. CJ Marshall
What is covered by the right against self-incrimination clause?
The use of physical or moral compulsion to extort communication from the witness, not
an inclusion of his body in evidence, when it may be material. US v. Tan Teng
Kinds of proceedings where the right may be asserted
In any judicial or administrative proceeding or in any official government enquiry
Time of availability of the right
In criminal case, from the moment he is asked to testify, ie, an accused has an absolute
right to be silent in all stages of the proceedings, while, a person who is a witness but
not an accused may assert the right only when the incriminating question is asked.

Availability of the right in administrative and civil proceedings

If the nature of the penalty that may be imposed partakes the nature similar as that in
criminal proceedings, hence, penal in nature

Cases/Doctrines
Writing is something more than moving the body, or the hand, or the fingers; writing is
not a purely mechanical act, because it requires the application of the intelligence and
attention, and is thus covered by the right against selfincrimination. Beltran v. Samson
A corporate officer may not prevent the production of corporate papers on the ground
that they may incriminate him personally. Production of such papers would not be self-
incrimination but incrimination by the corporation. Hale v. Henkel
A person may not be compelled to produce private books and papers to be used
against him. Compulsory production of private books and papers of the owner is
compelling him to be a witness against himself. Boyd v. US
The privilege which exists as to private papers, cannot be maintained in relation to
records required by law to be kept in order that there may be suitable information of
transaction which are the appropriate subjects of governmental regulation and the
enforcement of restrictions validly established. Shapiro v. US

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.
Freedom of political belief
A provision from the French Constitution which says: “No man is to be interfered with
because of his opinions, provided his avowal of them does not disturb public order or
established law.”
Definition of Involuntary Servitude
Every condition of enforced, compulsory service of one to another no matter under what
form such servitude may be disTINguised.
Exceptions to the rule against involuntary servitude
1. Imposed as a punishment for a crime whereof the party shall have been duly
convicted
2. In the interest of national defense, all citizens may be compelled by law to render
personal military or civil service
3. A return-to-work order.

Section 19: Excessive fines shall not be imposed, nor cruel, degrading or
inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the congress hereafter provides
for
it. Any death penalty already imposed shall be reduced to reclusion perpetua.
The employment of physical, psychological, or degrading punishment against
any
prisoner or detainee, or the use of substandard or inadequate penal facilities
under subhuman conditions shall be dealt with by law.

When is a penalty “cruel, degrading or inhuman”?

It must be flagrantly and plainly oppressive, wholly disproportionate to the nature of the
offense as to shock the morAL sense of the community.
Guides for determining whether a punishment is “cruel and unusual”
1. A punishment must not be so severe as to be degrading to the dignity of human
beings
2. It must not be applied arbitrarily
3. It must not be unacceptable to contemporary society
4. It must not be excessive, i.e. it must serve a penal purpose more effectively than a
less severe punishment would
Reasons why the Constitution abolished the death penalty
1. It inflicts traumatic pains not just to the convict but also on the family, even if the
penalty is not carried out
2. There is no convincing evidence that it acts effectively as a deterrent against the
commission of serious offenses
3. Penology favors reformative rather than vindictive penalties
4. Life is too precious a gift to be placed at the discretion of human judge
5. The law itself, by imposing so many safeguards before a death penalty is carried out,
manifests a reluctance to impose the death penalty

Effects of RA 9346
a. It disallows imposition of the death penalty
b. The review of death sentences first by the CA and next by the SC is now automatic
and mandatory
c. It may not be waived by the court nor by the accused
d. But review of reclusion perpetua may be waived
Effect of the abolition of death penalty on application of penal laws
It is reduced to reclusion perpetua.
It is reduced to only two grades, and not under the three-grade-scheme, since the
language of the provision does not
abolish the death penalty but merely prohibits its imposition.
Requirement for the restoration of the death penalty
1. It must be based on compelling reasons involving heinous crimes
2. The Congress must define or describe what is meant by heinous crimes
3. That Congress specify and penalize by death only crimes that qualify as heinous in
accordance with its definition
Heinous crimes (RA 7659)
Crimes are heinous for being grievous, odious and hateful offenses and which, by
reason of their inherent or manifest wickedness, viciousness, atrocity and perversity are
repugnant and outrageous to the common standards and norms of decency and
morality in a just, civilized and ordered society.
Character of the death penalty in RA 7659
It is not mandatory. In trial court or in automatic review, the Court must consider certain
facts before the death penalty may be imposed, and these are
a. Aggravating circumstances which attend the commission of the crime in accordance
with the RPC
b. Other circumstances which attend the commission of the crime which indubitably
characterize the same as heinous in contemplation of RA 7659

When is a fine “excessive”?

It is excessive when, under any circumstance, it is disproportionate to the offense.
Custodial cruelties and inadequate penal facilities
Courts in other jurisdictions have ordered the closure of substandard and outmoded
penal institutions. All these require judicial orders in the absence of implementing laws
to provide direct measures to correct violations of human rights or institute alterations in
the operations and facilities of penal institutions
Cases/Doctrines
By making the imposition of death penalty automatically reviewable and by allowing the
possibility of its restoration, implicitly admits that it is not be cruel and inhuman.
Article 6 of the ICCPR is interpreted as saying that “State parties are not obliged to
abolish the death penalty totally, they
are obliged to limit its use and, in particular, to abolish it for other than the “most serious
crimes”
The Second Protocol to the ICCPR aiming at the Abolition of the Death Penalty was
neither signed nor ratified by the Philippines.

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

Explanation of the prohibition against imprisonment for debt

No person may be imprisoned for debt in virtue of an order in a civil proceeding, either
as a substitute for satisfaction of a debt or as a means of compelling satisfaction.
But a person may be imprisoned as a penalty for a crime arising from a contractual debt
and imposed in a proper criminal proceeding, it is referred to as fraudulent debt.
Meaning of “debt”
Any liability to pay money growing out of a contract, express or implied
Definition of “poll tax”
Historically, it is a cedula which is used for purposes of identification
Now, it is a tax the payment of which is made a requirement for the exercise of the right
of suffrage. The imposition of poll tax, in this sense, is prohibited by Art. 5 Sec. 1 which
disallows “literacy, property, or other substantive requirement” for the exercise of
suffrage
Section 21: No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the same act.

Requisites for a valid defense of double jeopardy

1. A first jeopardy must have attached prior to the second
2. The first jeopardy must have terminated
3. The second jeopardy must be for the same offense as that in the first
Jeopardy attaches
1. Upon a good indictment or under a complaint or information sufficient in form and
substance to sustain a conviction
2. Before a competent court
3. After arraignment
4. After a valid plea
First jeopardy terminates
1. By acquittal
2. By final conviction
3. By dismissal without express consent of the accused
4. By “dismissal” on the merits
Exceptions to the general rule that dismissal or termination of the case after
arraignment and plea to a valid information shall be a bar to another prosecution (no
double jeopardy)
1. If the dismissal is made upon motion, or with the express consent, of the
defendant/accused
2. The dismissal is not an acquittal or based upon consideration of the evidence or of
the merits of the case.
3. The question to be passed upon by the appellate court is purely legal so that should
the dismissal be found
incorrect, the case would have to be remanded to the court of origin for further
proceedings, to determine the guilt or innocence of the defendant
Circumstances when double jeopardy does not attach
a. If information does not charge any offense
b. If, upon pleading guilty, the accused presents evidence to mitigate, exempt or justify
him, and the court thereafter acquits him without entering a new plea of not guilty
c. If the information for an offense cognizable by the RTC is filed with the MTC, hence,
no competent jurisdiction
d. If a complaint filed for preliminary investigation is dismissed
Examples of termination of jeopardy
a. Dismissal based on violation of the right to a speedy trial where this amounts to
acquittal
b. Dismissal based on a demurrer of evidence where it is a dismissal based on the
merits
c. Dismissal based on motion of the prosecution, subsequent to a motion for
reinvestigation filed by the accused
d. Discharge of an accused to be a state witness which amounts to an acquittal
Decisions by military tribunals
Under military law, a decision of a military tribunal, be it of acquittal or of conviction, or
dismissal, is merely
recommendatory and subject to review by the convening authority, the review boards,
and the reviewing authority. A military commission acts merely as a commissioner who
takes the evidence and reports thereon with his recommendation. Any form of
recommendation made by the commission does not amount to the termination of the
case. Flores v. Enrile
When is the second offense charged the same as the first offense?
The Same Evidence Test:
whether the evidence needed in the one case will support a conviction in the other
(general sense)
By virtue of Sec. 9 of Rule 117 of the Rules of Court (definition of “same offense”)
a. whether one offense is identical with the other
b. whether it is an attempt or frustration of the other
c. whether one offense necessarily includes or is necessarily included in the other
Exceptions to the requirement of sameness of offense
1. When one act violates two different statutes or two different provisions of a statute,
prosecution under one is not a
bar to prosecution under the other. People v. Cabrera
2. Supervening facts
Supervening facts
a. When the second offense was not in existence at the time of the first prosecution, for
the simple reason that in such a case, there is no possibility for the accused, during the
first prosecution, to be convicted for an offense that was
then inexistent
b. Where after the first prosecution, a new fact supervenes for which the defendant is
responsible, which changes the character of the offense and together with the facts
existing at the time, constitute a new and distinct offense, there
is no double jeopardy
c. The graver offense developed due to a supervening fact arising from the same act or
omission constituting the former charge.
d. The facts constituting the graver offense became known or were discovered only
after the filing of the former information.
e. The plea of guilty to the lesser offense was made without the consent of the fiscal
and the offended party.
Finality of judgment
A judgment of acquittal is immediately final.
A judgment of conviction is final when the period for appeal has elapsed or when the
sentence has been totally or partially served or when the defendant has expressly
waived his right to appeal.Roan Salanga I-A Consti II Page 30 of 31
Effect of appeal by the accused/defendant
The accused waives his right to plead double jeopardy. The whole case will be open to
review by the appellate court. Such court may even increase the penalties imposed on
the accused by the trial court.

Cases/Doctrines
Dismissal for denial of the right to a speedy trial is a dismissal on the merits and
amounts to an acquittal. But when upon examination of the facts and the court find that
the delays were justifiable and the dismissal was upon the instance of the accused,
there is no double jeopardy. Almario v. CA
Verbal dismissal is not final until written and signed by the judge. Rivera Jr. v. People
The use of the word “provisional”, on the dismissal of the case based on denial of the
right to a speedy trial, does not change the legal effect of the dismissal. Esmena v.
Pogoy
When the dismissal of the case constitutes abuse of discretion amounting to lack of
jurisdiction, the dismissal, even if made on the merits, is invalid and is therefore no bar
to a reinstatement of the case. People v. Pablo
If the judgment of acquittal is void for having been given without jurisdiction, the
judgment cannot be a basis for a plea of double jeopardy. People v. CA
But if the facts could have been discovered by the prosecution but were not discovered
because of the prosecution’s incompetence, it would not be considered as a
supervening event.

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

Definition of ex-post facto law

An ex post facto law has been defined as one
1. which makes an action done before the passing of the law, and which was innocent
when done, criminal, and punishes such action.
2. which aggravates the crime or makes it greater than when it was committed.
3. which changes the punishment and inflicts a greater punishment than that which the
law annexed to the crime when it was committed.
4. which alters the legal rules of evidence and receives less testimony than the law
required at the time of the commission of the offense in order to convict the accused.
5. which assumes to regulate civil rights and remedies only BUT, in effect, imposes a
penalty or deprivation of a right, which, when done, was lawful.
6. which deprives a person accused of a crime of some lawful protection to which he
has become entitled such as the protection of a former conviction or acquittal, or a
proclamation of amnesty.
Effect of ex post facto law
It only prohibits retrospectivity of penal laws, unless such law may be favorable to the
accused then it can have retroactive effect
A law is penal when:
a. it prescribes a criminal penalty imposable in a criminal trial
b. it prescribes a burden equivalent to a criminal penalty even if such burden is imposed
in an administrative proceeding
Forfeiture proceedings
a. in rem (civil)—proceedings which do not involve the conviction of the wrongdoer for
the offense charged
b. in personam (criminal)—indictment is presented before forfeiture
Bill of pains and penalties
An act which inflicts punishment less than death without judicial trial
Bill of Attainder
A legislative act which inflicts punishment without judicial trial, whether it applies to
named individuals or to easily ascertainable members of a group. It also includes bills of
pains and penalties.
Essential elements of a bill of attainder
1. There must be a law
2. The law imposes a penal burden on a named individual or easily ascertainable
members of a group
3. The penal burden is imposed directly by the law without judicial trial
Cases/Doctrines
RA 8249, which reverts the jurisdiction of the Sandiganbayan over the Kuratong
Baleleng case, pertains only to matters of procedure, and being merely an amendatory
statute it does not partake the nature of an ex post facto law. Lacson v.

Executive Secretary
RA 1379, which provides forfeiture in favor of the State of any property illegally obtained
by a public officer, partakes the nature of a penalty that is criminal or penal. Hence, it
may not be given retroactive effect. Katigbak v. Sol-Gen
A law on criminal procedure can be an ex post facto law if it alters the legal rules of
evidence or mode of trial, unless the changes operate only in a limited an unsubstantial
manner to the disadvantage of the accused. Beazell v. Ohio
A law requiring every lawyer who wishes to continue the practice of law to take the oath
that he or she has not committed an act of disloyalty to the Philippine government is a
bill of attainder. Depriving a person of the right to
practice a profession is a penalty, and when this is imposed by the legislature without
trial, there is a violation of the prohibition against bills of attainder. Cummings v. Missour
Universal Declaration of Human Rights
Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of freedom, justice
and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous
acts which have outraged the conscience of mankind, and the advent of a world
in which human beings shall enjoy freedom of speech and belief and freedom
from fear and want has been proclaimed as the highest aspiration of the common
people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last
resort, to rebellion against tyranny and oppression, that human rights should be
protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between
nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their
faith in fundamental human rights, in the dignity and worth of the human person
and in the equal rights of men and women and have determined to promote
social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in cooperation
with the United Nations, the promotion of universal respect for and observance of
human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the
greatest importance for the full realization of this pledge,
Now, therefore,
The General Assembly,
Proclaims this Universal Declaration of Human Rights as a common standard of
achievement for all peoples and all nations, to the end that every individual and
every organ of society, keeping this Declaration constantly in mind, shall strive by
teaching and education to promote respect for these rights and freedoms and by
progressive measures, national and international, to secure their universal and
effective recognition and observance, both among the peoples of Member States
themselves and among the peoples of territories under their jurisdiction.
Article I
All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another in a
spirit of brotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political,
jurisdictional or international status of the country or territory to which a person
belongs, whether it be independent, trust, non-self-governing or under any other
limitation of sovereignty.
Article 3
Everyone has the right to life, liberty and security of person.
Article 4
No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms.
Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment
or punishment. Article 6
Everyone has the right to recognition everywhere as a person before the law.
Article 7
All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any
discrimination in violation of this Declaration and against any incitement to such
discrimination.
Article 8
Everyone has the right to an effective remedy by the competent national tribunals
for acts violating the fundamental rights granted him by the constitution or by law.
Article 9
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10
Everyone is entitled in full equality to a fair and public hearing by an independent
and impartial tribunal, in the determination of his rights and obligations and of any
criminal charge against him.
Article 11
1. Everyone charged with a penal offence has the right to be presumed
innocent until proved guilty according to law in a public trial at which he
has had all the guarantees necessary for his defence.
2. No one shall be held guilty of any penal offence on account of any act or
omission which did not constitute a penal offence, under national or
international law, at the time when it was committed. Nor shall a heavier penalty be
imposed than the one that was applicable at the time the penal
offence was committed.
Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home
or correspondence, nor to attacks upon his honour and reputation. Everyone has
the right to the protection of the law against such interference or attacks.
Article 13
1. Everyone has the right to freedom of movement and residence within the
borders of each State.
2. Everyone has the right to leave any country, including his own, and to
return to his country.
Article 14
1. Everyone has the right to seek and to enjoy in other countries asylum from
persecution.
2. This right may not be invoked in the case of prosecutions genuinely
arising from non-political crimes or from acts contrary to the purposes and
principles of the United Nations.
Article 15
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to
change his nationality.
Article 16
1. Men and women of full age, without any limitation due to race, nationality
or religion, have the right to marry and to found a family. They are entitled
to equal rights as to marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the
intending spouses.
3. The family is the natural and fundamental group unit of society and is
entitled to protection by society and the State.
Article 17
1. Everyone has the right to own property alone as well as in association with
others.
2. No one shall be arbitrarily deprived of his property.

Article 18
Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.
Article 19
Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers.
Article 20
1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association.
Article 21
1. Everyone has the right to take part in the government of his country,
directly or through freely chosen representatives.
2. Everyone has the right to equal access to public service in his country.
3. The will of the people shall be the basis of the authority of government;
this will shall be expressed in periodic and genuine elections which shall
be by universal and equal suffrage and shall be held by secret vote or by
equivalent free voting procedures.
Article 22
Everyone, as a member of society, has the right to social security and is entitled
to realization, through national effort and international co-operation and in
accordance with the organization and resources of each State, of the economic,
social and cultural rights indispensable for his dignity and the free development
of his personality.

Article 23
1. Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal
work.
3. Everyone who works has the right to just and favourable remuneration
ensuring for himself and his family an existence worthy of human dignity,
and supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of
his interests.
Article 24
Everyone has the right to rest and leisure, including reasonable limitation of
working hours and periodic holidays with pay. Article 25
1. Everyone has the right to a standard of living adequate for the health and
well-being of himself and of his family, including food, clothing, housing
and medical care and necessary social services, and the right to security
in the event of unemployment, sickness, disability, widowhood, old age or
other lack of livelihood in circumstances beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All
children, whether born in or out of wedlock, shall enjoy the same social
protection.
Article 26
1. Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be
compulsory. Technical and professional education shall be made
generally available and higher education shall be equally accessible to all
on the basis of merit.
2. Education shall be directed to the full development of the human
personality and to the strengthening of respect for human rights and
fundamental freedoms. It shall promote understanding, tolerance and
friendship among all nations, racial or religious groups, and shall further
the activities of the United Nations for the maintenance of peace.
3. Parents have a prior right to choose the kind of education that shall be
given to their children.
Article 27
1. Everyone has the right freely to participate in the cultural life of the
community, to enjoy the arts and to share in scientific advancement and
its benefits. 2. Everyone has the right to the protection of the moral and material
interests
resulting from any scientific, literary or artistic production of which he is the
author.
Article 28
Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.
Article 29
1. Everyone has duties to the community in which alone the free and full
development of his personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be subject only
to such limitations as are determined by law solely for the purpose of
securing due recognition and respect for the rights and freedoms of others
and of meeting the just requirements of morality, public order and the
general welfare in a democratic society.
3. These rights and freedoms may in no case be exercised contrary to the
purposes and principles of the United Nations.
Article 30
Nothing in this Declaration may be interpreted as implying for any State, group or
person any right to engage in any activity or to perform any act aimed at the
destruction of any of the rights and freedoms set forth herein.