FOR BEING GRIVEOUS, ODIOUS, AND HATEFUL OFFENCES

AND WHICH ARE REPUGNANT AND OUTRAGEOUS TO THE COMMON STANDARDS

AND NORMS OF DECENCY

Why no death penalty?

Inflicts traumatic pain not just on convict but als on family

No convincing evidence that it acts as an effectivfe deterrent
Penology favors reformantive rather than vindictive penalties
Life is too precious to be placed at discretion of a human judge
The law manifests a reluctance to impose the dDEATH PENALTY

SECTION 18

What is involuntary servitude?

Every condition of enforced or compulsory service of one to another

EXCEPTIONS

Punishment for a crime

In the interest of national defense ALL CITIZENS MAY BE COMPELLED to render personal
military or civil service
RETURN TO WORK ORDER

Fines EXCESSIVE when disproportionate to the offense

SECTION 19 cruel degrading or inhuman

Flagrantly and plainly oppressive, wholly disproportionate to the nature of the offense AS TO
SHOCK THE MORAL SENSE OF THE COMMUNITY

Why no death penal?

1. Inflicts traumatic pain on convict and their family
2. No convincing evidence that it acts as an effective DETERRENT
3. Life is too precious to be placed at discretion of judge
4. Law favors reformative penalties
5. The law by imposing too many saeguards manifests a reluctance to impose
NOT SUBSUMED UNDER PLENARY LEGISLATIVE POWER
Subject to a clear showing of compelling reasons INVOLVING HEAINOUS CRIMES

HENIOUS CRIMES
–FOR BEING GRIVEOUS, ODIOUS, AND HATEFUL OFFENCES

AND WHICH ARE REPUGNANT TO THE COMMON STANDARDS AND NORMS OF

DECENCY

NOT NEEDED FOR DEATH PENALTY TO BE A DETERRANT or as a LAST RESORAT TO

BE INSTITUTED

Courts are not precluded FROM DELCARING CRIME AS (a) NON HEINOUS or THAT
THERE BE NO COMPELLING REASONS

THE RIGHT TO DECLARE HENIOUS IS WITHIN THE CONGRESS

NO DEATH PENALTY FOR anyone Below 18 or above 70

PUNISHMENT CRUEL if it involves torture or lingering pain

Death Penalty is NOT NECESSARILY CRUEL AND UNUSUAL
Application involves torture or lingering pain, it wil be considered as such

SECtion 20

EXPLAIN PROHIBITION AGAINST IMPRISONMENT FOR DEBT

No person may be imprisoned for deby in virtue of an order in a civil proceeding

PERSON MAY STILL BE IMRPRISONED AS A PENALTY FOR A CRIME ARISING FROM

CONTRACTUAL DEBT AND IMPOSED IN A PROPER CRIMINAL PROCEEDING

Because it is in virtue a CIVIL PROCEEDING

BUT MAY BE IMPRISONED for crime arising from contractual debt and IMPOSED IN
CRIMINAL PROCEEDING

Anyone, regardless of economic status, may commit crime.

WITHOUT A VALID PENALTY, THE LAW IS NOT A PENAL LAW
Court finds punishment attached to law CRUEL???

Debt is liability to pay money growing out of a contract expres or implied

Imrprisoned for fraudulent debt? YES if

1. It ocnastitutes a crime (estafa)
2. Debtor has been fully convicted

Conversion of monetary indemnity into subsidiary imprinsonment VIOLATE?

No. Obligation to indemnify was not born out of a contract from a delict

Poll tax - cedula tax

SECTION 21

REQUISITES FOR VALID DEFENSE OF DOUBLE JEOPARDY

1. First jeopardy attached prior to second
2. First jeopardy must have been terminated
3. Second jeopardy must be for the same offense as that in first

WHEN DOES JEOPARDY ATTACH

1. Upon a good indictmen

2. Before a competent court
3. After arraignment
4. After plea

NO VALID PLEA IN Military Commission IF NOT IN SESSION

THE TEST IS whether the evidence needed in one chase will support CONVINCTION IN
THE oTHER

NO NEW PLEA, NO FIRST JEOPARDY

DEFECTIVE COMPLAINTS Attaches no first jeopardy
Motion to quash WAIVES RIGHT TO DOUBLE JEOPARDY
Court no jurisdiction? No DOUBLE JEOPARDY
NOT YET ARRAIGNED? CANNOT WAIVE RIGHT TO DOUBLE JEOPARDY
ACQUITTED WITHOUT TRIAL? Jeopardy does not attach

TERMINATION OF JEOPARDY

HOW IS FIRST JEOPARDY TERMINATED

1. By acquittal
2. By final conviction
3. By dismissal without express consent of accused
4. By dismissal on the merit

DISMISSAL WITHOUT CONSENT OF ACCUSED? Defense of double jeopardy

Dismissal on GROUDS OF DENIAL OF SPEEDY TRIAL? Dismissal on merits!
BUT Verbal dismissal NOT FINAL until WRITTEN AND SIGNED by the judge
ONLY UNREASONABLE DELAYS deny the right to speedy trial.
DISMISSAL CONSENT OF ACCUSED does not violate right against double jeopardy

Dismissal TO GIVE WAY TO PROPER FILING OF COMPLAINT does not terminate

DISMISSAL WAS NOT ON THE MERITS AND WAS WITH CONSENT OF ACCUSED

When judge dismissed case ON GROUND OF DENIAL OF SPEEDY TRIAL

- Double jeopardy is a defense

IF JUDGEMENT RENDERED WITH ABUSE OF DISCRETION, DISMISSAL IS INVALID

A decision of a MILITARY TRIBUNAL is merely a recommendation subject to review by

CONVENING AUTHORITY

Order of dismissal in a PRELIM INVESTI does not terminate a case. Crime not yet
prescribed? May file another PRELIM INVESTI

NO BAR TO CONTINUING CASE, when judge dismissed WHEN THEy SHOULD HAVE
RESET CASE FOR ANOTHER DAY

INVALID DISMISSAL, but DONE SO WITHOUT CONSENT OF ACCUSED, MAY NOT BE

REINSTATED

PROSEUCIONT CANNOT APPEAL A JUDGEMENT OF ACQUITTA

A judgement of acquittal is immediately final

Defendant’s MOTION TO DISMiSS FOR LACK OF JURIS
- Waives defense of double jeopardy

WHEN PERIOD OF APPEAL HAS LAPSED

SAME OFFENSE?
- When evidence needed in one case will support conviction in the other
- Identity of offense does not have to be identical. Necessary that one offense is
included in another
- NEEDED —-- ANY OFFENSE WHICH NECESSARILY INCLUDES IN THE
OFFENSE CHARGED in the former complaint

One act results in two different offenses? Prosecution under one is not a bar to prosecution
under the other ie estafa and bp 22

Accused charged with homicide, pleads not guilty, dismissed in order to amend it to murder
NOPE. DOUBLE JEOPARDY

A supervening event consists of facts that transpire or are discovered after the
judgment became final, or of new circumstances that develop after the judgment attained
finality, including matters that the parties were not aware of prior to or during the trial
because such matters were not yet in existence at that time.

There is no possibility for the accused to be convicted for an offense that was then inexistent

CANNOT BE IN DOUBLE JEOPARDY if new facts change the character of the offense and
together with the facts existing at the time, CONSTITUTE A NEW AND DISTINCT
OFFENSE

A JUDGEMENT OF ACQUITTAL even if erroneous ENDS THE CASEA

Penalty higher than that of original conviction MAY BE IMPOSED

Appeal conviction WAIVES RIGHT REMEMBER, throws the case open to the review of
appellate courts

SECTION 22

l of attainder is an act of a legislature declaring a person, or a group of people, guilty of some

crime, and punishing them, often without a trial.

EX POST FACTO LAW

1. to a criminal statute that punishes actions retroactively

 2. Aggravates a crime ormakes it greater than whenit was committed
3. Changes the punishment and INFLICTS GREATER punishment
4. Which alters the legal rules of evidence
5. Imposes a penalty or deprivationof a right WHICH WHEN DONE WAS LAWFUL
6. Deprives an accused of some lawful protection to which he has become entitled

EX POST FACTO LAW prohibits retrospectivity of PENAL LAWS, not substantive laws not
penal in character
- Right to appeal is not a NATURAL RIGHT but a statutory one THAT CAN BE
REGULATED BY LAW

PENAL LAWS provides a criminal penalty imposable in a criminal trial

LAW ON CRIMINAL PROCEDURe CAN BE EX POST FACTO

- When it alters legal rules of evidence OR MODE OF TRIAL

RETROSPECTIVITY is valid if it is favorable to the accused

BILL OF ATTAINDER

A bill of attainder is an act of a legislature declaring a person, or a group of people,

guilty of some crime, and punishing them, often without the benefit of a trial.

DOES NOT HAVE TO BE SPECIFIC OR TO NAME A PERSON

- If it applies to a easily ascertainable members of a group to inflict punishment
on them without trial IS BILL

ELEMENTS

1. Msut be law
2. Imposes a penal burned on an individual or a group of people
3. The penal burden is imposed directly by the law WITHOUT JUDICIAL TRIAL