Republic of the Philippines

MAKILALA INSTITUTE OF SCIENCE AND TECHNOLOGY

COLLEGE OF CRIMINAL JUSTICE EDUCATION
Brgy. Concepcion, Makilala, North Cotabato

Political Science and Philippine Constitution

Course Number: Soc Sci 2 Instructor: Jenevieve B. Cañete

Course Title or Description: Political Science and Phil. Cons.Mobile No.: 0930-780-4312
Credit Units: 3 Units FB Account: Jenevieve Cañete
Module No.: 5 (UNIT VII) Email Add.: cajenevieve16@gmail.com
Duration: 12 hours

I. LEARNING OUTCOMES:
At the end of the discussion, the students are expected to:
1. Know and understand the meaning of the bill of rights;
2. Enumerate and define the kinds of rights;
3. Compare and contrast the various classes of rights;
4. Appreciate the value of human rights; and
5. Safeguard their basic/fundamentals rights and others, especially when deemed necessary.

TOPIC/SUBJECT MATTER
Bill of Rights
Topic 1: Concepts of a bill of rights
Topic 2: Classes of rights
Topic 3: Classification of constitutional rights
Topic 4: State authority and individual freedom
Topic 5: Bill of rights

II. REFERENCES
1. Leon, Hector (2011), A. B., LL.B., University of the Philippines, REX BOOK STORE, Manila Philippines

III. COURSE

BILL OF RIGHTS

Concepts of a bill of rights

A bill of rights may be defined as declaration and enumeration of a person’s rights and privileges
which the Constitution is designed to protect against violations by the government, or by an individual or
groups of individuals. It is a charter of liberties for the individual and a limitation upon the power of the
state.
It basis is the social importance accorded to the individual in a democratic or republican state, the
lowliest in economic or social status are equal to the richest or most influential because they, too, are
endowed with human dignity.

Classes of rights
The rights that a citizen of a democratic state enjoys may be classified into:
1. Natural rights- they are those rights possessed by every citizen without being granted by the
State for they are given to man by God as a human being created to His image so that he
may live a happy life. Examples are the right to love.
2. Constitutional rights- they are those rights which are conferred and protected by the
constitution. Since they are part of the fundamental law, they cannot be modified or taken
away by the law-making body
3. Statutory rights- they are those rights which are provided by laws promulgated by the law-
making body and consequently, may be abolished by the same body. Examples are the right

Political Science and Philippine Constitution (Module 5) Page 1

 to receive a minimum wage and the right to adopt a child by an unrelated person.

Classification of constitutional rights

The human rights secured by the Constitution include social and economic rights not just political and civil
rights. They are as follows:
1. Political rights- they are such rights of the citizens which give them the power to participate,
directly or indirectly, in the establishment or administration of the government
Among these rights are the rights to citizenship (Art. IV) the right to suffrage (Art V) and the right to
information on matters of public concern (Sec. 7)

2. Civil rights- they are those rights which the law will enforce at the instance of private individuals for
the purpose of securing to them the enjoyment of their means of happiness.
They include the rights to due process and equal protection of the laws, (Sec. 1) the rights against
involuntary servitude (Sec. 18) and imprisonment for non-payment of debt or a poll tax (Sec 20),
the constitutional rights of the accused (Sec. 11to 22), social and economic rights (infra), religious
freedom (Sec. 5) liberty of abode and of changing the same (Sec 6) and the right against
impairment of obligation of a contract (Sec 10).
Freedom of speech of expression, or of the press, the right of assembly and petition, and the right
to form associations (Sec. 4, 8) are likewise civil rights. However, they partake of the nature of
political rights when they are utilized as a means to participate in the government.
3. Social and economic rights- they refer to those rights which are intended to insure the well-being
and economic security of the individual.
The right to property (Sec. 1) and the right to just compensation for private property taken for
public use (Sec. 9) belong more appropriately under this third category of rights. They are also
provided in the articles dealing with the promotion of social justice (Art. XIII) The conservation and
utilization of natural resources (Art XII, Sec. 2) and the promotion of education (Art. XIV, Secs. 1, 2, 5
(4,5).), science and technology (Ibid., Secs. 10-13), and arts and culture (Ibid., Secs. 17,18).
Political and civil rights can have meaning only if concrete measures are taken to breathe life and
substance to social and economic rights which include cultural rights
4. Rights of the accused- they are the (civil) rights intended for the protection of a person accused of
any crime, like presumption of innocence, the right to a speedy, impartial, and public trail, and the
right against cruel, degrading, or in human punishment.
The provisions (Secs. 11 to 22) particularly and directly dealing with these rights are discussed
subsequently.

State authority and individual freedom

1. State an instrument to promote both individual and social welfare- the state, as an organization,
exists to promote the happiness and welfare of both the individual and the group of which he is
part. It is not an end by itself for the glorification of which the life, liberty, property, or happiness of
the individual may in all cases be sacrificed. Neither is it a means for the realization of the best life
only by the individual for which the group may at all times, if necessary, be staked.
Liberty is a blessing without which life is a misery, but should not be made to prevail over authority
because then society will fall into anarchy. The doctrine of laissez (also laisser) faire (let people do
as they choose) or unrestricted freedom of the individual, as axiom of economics and political
theory, is the past.
2. Conflict between individual rights and group welfare- the state in modern times is an instrument
enable both the individual and society together to attain their greater happiness, progress, and
welfare. Consequently, in some cases, the group to the individual. It is for this reason that the
Constitution creates a domain of individual rights and liberties, which is protected from
encroachments whether by individuals or groups of individuals, and even by the government itself.
For the same reason, the Constitution provides, expressly or impliedly, that in certain cases, when
demanded by the necessity of promoting the general welfare of society, the government may
interfere with these rights and liberties. (See Sec 9).
The people must be strong enough to maintain its control over the government and the
government must be strong enough to maintain its existence and protect the interests of the

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 people.

3. Balancing of individual and group rights and interests- how far, consistently with freedom, the rights
and liberties of the individual may be subordinated to the will of the government is a question
which has assailed the very existence of governments from the beginning of time. The effective
balancing of the claims of the individual and those of the community is the essence, or the
indispensable means for the attainment of the legitimate aspirations of any democratic society.
There can no absolute power whoever exercises it, for that would be tyranny, yet there can neither
be absolute liberty for that would mean license and anarchy.

4. Role of the judiciary- on the judiciary, in appropriate cases, rests primarily this all important duty of
balancing the interests of the individual and group welfare in the adjudication of disputes that is
fair and just to the parties involved and beneficial to the larger interests of the community of the
people as a whole. In the exercise of the power of judicial review (see Art. VIII, Secs. 4 and 5) our
courts, ultimately the Supreme Court, act as arbiters of the limits of governmental powers especially
in relation to individual rights.

The Right to Due process

The essence of due process of law is that which hears before it condemns, which proceeds upon
inquiry and renders judgment only after trial. This is the message of Section 1, Article III of the Constitution.

No person shall be deprived of life, liberty, or property without due process of law, nor shall
any be denied the equal protection of the laws.
Art. III Sec. 1

Due Process
- is an opportunity to be heard or, as applied to administrative proceedings, to have a fair and
reasonable opportunity to explain one’s side. It is also an opportunity to seek a consideration of the action
or ruling complained of. The equal protection of the law clause is designed to safeguard individuals (and
even corporations) against discriminatory acts of the state. Due process covers procedural as well as
substantive due process.

The requisites of procedural due process are:

1. The existence of an impartial court or tribunal that will hear the case.
2. The court of tribunal has jurisdiction over the person and ever the subject matter of the
proceedings.
3. The defendant or the sued party must be given an opportunity to be heard.
4. The judgment is rendered only after lawful hearing.

The requisites of a substantive due process are:

1. A law which in harmony with the general powers of the legislative.
2. Such law must be reasonable in its operations.
3. Such law is enforced according to regularly prescribed methods.
4. Such law is applicable to all of the people or to all a class.

Administrative due process requires:

1. An impartial body to try the case.
2. Opportunity or notice to be heard.
3. Observance of the principle of fair play.
4. Conducting the hearing according to the prescribed procedures.

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 Right Against Unreasonable Searches and Seizures
The Charter safeguards individuals as juridical entities against “unreasonable searches
and seizures”. When the search or seizure is in accordance with the law, it is not unreasonable. However,
even if there is a proper warrant of the service, when it is done with unnecessary force or security, the
search or seizures is still unreasonable. The probable cause is determined by a judge. (Section 2, Article III)

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.
Art. III Sec. 2

Constitution clarifies:
A search warrant is an order in writing, issued in the name of the people of the Philippines, signed by a
judge and directed to a peace officer commanding him to search for personal property and bring it
before the court. (Rules of Court, Rule 126 Sec. 11). Under the new constitution, before the issuance of a
valid search warrant or warrant of arrest, the following requirements must be complied with:
1. There must be probable cause to be determined by the judge.
2. Such determination of probably cause is made after examination under oath or affirmation of the
complainant.
3. The warrant must particularly describe the place to be seized.

Only one specific offense must be charged.

The person himself, his house, papers and effects come in the protection against unreasonable search
and seizures, unless a valid search warrant or warrant of arrest is issued. No search or seizures of the above
can be made as a general rule. It is, however, recognized that search and seizures may be affected
without the warrant but only under limited exceptions.

A search warrant may be issued:

1. When the property is subject of the offense;
2. When the property was stolen or embezzled;
3. When the property was used or it is being used for committing a felony.

On the other hand, a peace officer can make a search without a warrant in the following cases:
1. The search is incidental to a lawful arrest.
2. There is consent, meaning the person knowingly and intelligently waives objection.
3. The search is made in compliance with lawful or sanitary regulations.
4. Motor cars can be inspected at boarders to prevent smuggling of aliens or contrabands.
5. Vessels and aircraft may also be searched because of their mobility and relative ease and
fleeing the state’s jurisdiction.
6. Prohibited articles maybe taken without a warrant if they are open to the eye and hand the
peace officer comes upon them inadvertently.

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 Right of Privacy of Communication
The new constitution protects and safeguards the privacy of communication (by telephone and
similar device) as well as correspondence (letters and telegrams). This is given clarity in the charter.

(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.
Art. III Sec. 3

However, the right to privacy of communication has two exceptions:

1. Upon lawful order of the court, as when the judge orders that the communication or letter be
testified to as being material to a pending case.
2. When public safety or order shall require otherwise, as prescribed by law.

The provision on privacy of communication and correspondence strengthens the protection given by
the prohibition against unreasonable searches and seizures.

Freedom of Expression and Right to Assemble

The Bill of Rights also enshrines the freedom of speech and expression and of the press as a safeguard
against repressive measures by the state but such freedom may be limited by the police power of the
state against rebellion or seditious attacks designed to imperil the security of the state.

This is stated in Article III, Section 4 as follows:

No law shall be passed abridging the freedom of speech, of expressions, or of the press, or the right of
the people peaceably to assemble and petition the government for redress of grievances.
Art. III Sec. 4

Freedom of Speech
Implies the opportunity to freely print whatsoever pleases and be protected against any responsibility
unless such utterances are against the law or against recognized rights of others. This freedoms covers the
following aspects:
1. To utter without previous censorship.
2. To disseminate

Freedom of the Press

Implies the right to freely utter print whatsoever one pleases and to be protected against any
responsibility unless such print is against the recognized rights of others. A person who violates the
freedom of the press may be held liable libel-and a third person violating this right is also liable to said
person with damages as well as for prison penalty.

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 Freedom of Expression
Is a catch-all phraseology for it may include freedom of speech, press, religion, association and
acts. Thus, this freedom includes free speech, free press, right to form associations or societies not contrary
to law and freedom to picket. Wearing of red clothes, displaying of red flags, and showing clenched fists
are of expressions.

Right to Assemble
Means a right on the part of the citizens to meet peacefully for consultations with respect to
public affairs, not the affairs of other people.

Right to Petition
Means that any person or group of persons can complain without fear of penalty to the
concerned government branch of office.
The freedom mentioned above fall under the limitations of the state’s police powers. There are tests
used to determine whether a certain freedom has been abused or exceeded by the person and
therefore becomes amenable to punishment.

1. Bad or Dangerous Tendency Rule

This rule restrictions and limitations and the persons may be punished if the words uttered or printed
have the tendency to bring about the evil which the government has the right to prevent from
happening, even in the future. This rule is strict in so far as the exercise of the freedom is concerned. It is
applied during repressive periods of regimes.

2. Clear and Present Danger Rule

This rule permits restrictions if the utterance or printed words are of such nature so as to create a clear
and present danger of the evils that the government has the right to prevent. Restriction of the exercise of
freedom can be justified only if the evil sought to be prevented is eminently or immediately brought about
by the utterance or printed word. This is a more liberal rule because it waits for the happening of the evil
first. The bad consequences must be extremely high as the previous ones before the same may be
punished.
3. Balancing Test
Justice Fred Vinson formulated the test in this wisdom when particular conduct is created in the interest
of public order and regulation results in an indirect, conditional, and partial abridgement of speech. The
duty of the courts is to determine which of these two conflicting interests demands the greatest protection
under the particular circumstances presented. This test weighs or balance the competing interests
promoted by the freedom against it disadvantages that are adverse to the right of the state to exist. If the
exercise of the freedom will not affect the state's stability or more benefit is gained when the restriction is
imposed, then freedom must be allowed.

Freedom of Religion
The Philippines is a predominantly Catholic nation. However, there are other religions in the
country such as Islam, Buddhism, and various Christian sects, like the Iglesia ni Kristo. To give every citizen
the right to choose his/her own expression and form of worship, the Constitution provides for freedom of
religion under Article III, 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.
Art. IIl Sec.5

Political Science and Philippine Constitution (Module 5) Page 6

 Section 5 guarantees that freedom or religion shall forever be allowed. However, the freedom of
religion covers the two aspects below:
1. The freedom to believe, which is absolute
2. The freedom to act on the basis of one's belief, which, in the of things, cannot be absolute and may be
subject to the overriding power of the state which is the police power of the state which is the police
power.

Liberty of Abode
Abode is a place where one has an established residence. This is the place where a person lives and if
absent, he intends to return. This refers to his domicile. A person enjoys the right to choose the place to
stay and to change the same when he so desires. The right of an individual to travel within and outside of
the country cannot be unreasonably impaired or prohibited. This means that any Filipino travelling to and
from one part of the country to another cannot be inhibited unless he has done something contrary to the
law. This is embodied in Article III, 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.
Art. IlI Sec. 6

Right to Information
A well-informed citizenry is a condition to an efficiently run government. In a republican and
democratic society like the Philippines, the role of a well-informed people becomes necessary and
indispensable. Ignorance and uninformed (or misinformed) citizens cannot effectively advise and fiscalize
the government. Neither can they actively participate in assemblies to promote the election of
competent officials to run the government.

The right of the people to information on matters on 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.
Art III. Sec.7

Article III, Section 7 states that:

The people have the right to know what laws, executive order, proclamations, presidential decrees
and other administrative rules have been enacted or promulgated. These promulgations or enactments
have to be published in the Official Gazette or authorized newspapers of general circulation to enable
the people to know their contents, and they become effective only after their publication.
Finally, a person cannot be convicted of a crime penalized by law which is never published as required.

The Right to Form Associations

In union, there is strength. The right to associate gives push to man's natural instinct to get together or
to associate with others with like or unlike persuasion. It also adds recognition that more benefits can be
realized and gained if people group themselves together rather than stand alone.
This is provided in Article III, Section 8 of the Constitution.

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. lIl Sec. 8
Political Science and Philippine Constitution (Module 5) Page 7
 Government workers may form unions and hold strikes. But this right of government workers must be in
accordance with the law which may fix certain limitations considering the nature of governmental
functions involved.

Right to Private Property

The Constitution guarantees the primacy of private ownership. It respects the rights of citizens to own
something that is strictly for their personal use. However, there are times when the government may need
a particular piece or property for a public project. In this instance, the government may take the property
but must pay justly. This is stated in Article III, Section 9.

Private property shall not be taken for public use without just compensation.
Art. IIl Sec. 9

This policy implements the inherent power of the state - the power of eminent domain. The requirements
to this process are the following
1. The property whether real or personal, must be privately-owed.
2. The property is taken for public use.
3. Just compensation must be paid.
The Sacredness of Contracts
All agreements are to be honored by everyone, especially if it is has complied with all legal
requirements. Thus, Article III, Section 10 of the charter states:

No law impairing the obligation of contracts shall be passed

Art. IlI Sec. 10

Contracts are protected against the impairment by legislative enactment because to deprive one of his
rights acquired under the contract would be to violate also the due process clauses. The contracts
protected by the Constitution may be executed executory, expressed or implied contracts or those
entered into or between natural or juridical persons or contracts with the government.

Rights of the Accused

Sections 11-22 of the Constitution pertain to various rights that an accused may exercise. The bulk of
provisions constituting the rights of the accused is a testament to the care that the law exercises so that
no or innocent man may be punished. Section 11 in effect, states that paupers or person who are poor
shall be given free access to courts and quasi-judicial bodies as well as free adequate legal assistance (or
free counsel to defend him in court). Below is a rundown of these rights and their brief explanations.

Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty. Art. III
Sec. 11

Section 12 sets forth what is known as The Miranda Doctrine, The right to silence and to counsel, a right
taken from so-called Miranda Doctrine is explained as follows: He (the accused) must be warned prior to
any questioning that he has the right to remain silent; that anything, he says can be used against him in a
court of law; that he has the right to the presence of an attorney, and that if he cannot afford an attorney
one will be appointed for him prior to any questioning, if he so desires. Opportunity to exercise these rights
must be afforded him throughout the interrogation.

Sec.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
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 Article IlI, Section 13 states the rules on release of an accused. An accused may be released on bail
or recognizance subject to the following qualifications:
(1) A bail or recognizance shall be granted before conviction.
(2) No bail or recognizance shall be granted to a person charged with an offense punishable by reclusion
perpetua when the evidence of the guilt is strong,
3) Excessive bail shall not be required.

All persons, except those charged which 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.
Art. IIl Sec.13

Article lIl, Section I4 expresses a fundamental tenet in a democracy that due process of law must be
observed before a person shall be held to answer for a criminal offense. And as already stated, due
process of law involves among others, previous hearing previous hearing, an opportunity to be heard and
an impartial tribunal or judge who shall render judgment.
The accused shall be presumed innocent until the contrary is proven. This is a basic rule grounded on
due process.

(1) No person shall be held to answer for a criminal offense without 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 has been duly notified and his failure to
appear is unjustifiable.
Art. III Sec. I4 (1-2)

The privilege of the writ of habeas corpus (a writ to produce the body of a person detained), as
mentioned in Article III, Section 15, can be suspended by the President only in cases of invasion or
rebellion and when required by public safety.
Article III, Section
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
Art II Sec. I5

decide cases set forth in Section 1 of Article VIII, are now made mandatory. The philosophy behind the

Political Science and Philippine Constitution (Module 5) Page 9

requirement on speedy disposition of cases is the maxim that justice delayed is justice denied.

All persons shall have the right to a speedy disposition of their cases before. All judicial, quasi-judicial
or administrative bodies Art. III Sec. l6

The right against self-incrimination is based on the ground of policy and humanity; of policy because if
the party were required to testify, it would place the witness under the strongest temptation to commit
perjury; and of humanity because it would prevent the extorting of confession by duress,

NO person shall be compelled to be a witness against himself.

Art. III Sec. 17

Article III, Section 18 (1) states that a person is free to express his political beliefs and aspirations. He
must do so without recourse to violence or violation of public order and public peace.
Section 18 (2) is a provision designated to outlaw once and for all slavery which is highly incompatible with
democratic tenets and traditions. The exceptions to the rule against involuntary servitude are;
1. Punishment for a crime committed by the accused after a due trial
2. Exercise of parental authority over unemancipated children or persons under guardianship;
3. Enlistment and service in the Naval and Military forces of the State and;
4. Service for public peace, order and safety, or service for the improvement of public highways.

(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.
Art. III Sec. 18 (1-2)

A r t i c l e I I I , S e
punishment, thus forbidding penalties or punishments that are disproportionate to the nature of the
offense committed by the accused. We are now at a stage of civilization where barbaric ways of
punishing an accused are condemned. All punishment that causes unnecessary pain or mental anguish
are cruel and therefor, contrary to the Constitution.
Death Penalty is abolished except when Congress provides for it in case of heinous crimes. Thus, any
death penalty already imposed even by final judgment shall be reduced to reclusion perpetua. The
philosophy behind the abolition of death penalty is that only God can take away life. Besides, there are
findings that the imposition of death penalty has not minimized or reduced the commission of crimes
Section 19 (2) enjoins Congress to pass regulatory or prohibitory laws relating to punishments and penalty
facilities.

(I) 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.
(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or
the use of substandard or inadequate penalties facilities under subhuman conditions shall be dealt with by law.
Art. IIl Sec. I9 (1-2)

The prohibition is being limited to contractual obligations only. It has been held that subsidiary
imprisonment for failure of an offender to pay the fine imposed upon by the court is not imprisonment for
debt.

A person cannot be imprisoned but can be fined or be asked to pay a surcharge or interest for failure
to pay a residence tax which is the equivalent of a poll tax. For non-payment of all other taxes, however,
like income or privilege taxes, a person may be validly imprisoned, pursuant to law.

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

Political Science and Philippine Constitution (Module 5) Art. III Sec. 20 Page 10
Article III, Section 21 mentions a law on double jeopardy.

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
Art. lIl Sec. 21

The rule of double jeopardy may be stated as follows:

The accused is put in jeopardy if he again is tried for an offense for, which he had already been
convicted or acquitted in any other manner in which the indictment against him has been dismissed
without his consent.
The requirements of double jeopardy are:
1. Presence of a valid complaint or information
2. Filed before a competent court
3. Arraignment has been made
4. The accused had pleaded to the complaint or information

A single prosecution for any offense is all the law allows. It protects an accused from harassment and
enables him to treat what has transpired as a closed chapter in his life; either to exalt in his freedom or to
be resigned to whatever penalty is imposed and is a bar to unnecessary litigation, which is in itself time-
consuming and costly for the state as well.
An ex post facto law prohibited in Art. III, Section 22 is defined generally as one which in its operation,
makes one a criminal which was not so at the time the action was performed.

No ex post facto law or bill of attainder shall be enacted.

Art III Sec. 22

The classical definition of ex post facto law are as follows:

1. Every law that makes an action done before the passing of the law a criminal act and punishes
such action.
2. Every law that aggravates a crime or makes it greater than it was when committed.
3. Every law that alters the legal rules of evidences required at the of the commission of the offense.
4. Every law that changes the punishment and afflicts a greater punishment than the law annexed to
the crime when committed.

The rules against ex-post facto law apply only to criminal cases.
Section 22 also prohibits the enactment of a bill of attainder. A bill of attainder is a legislative act
which convicts person and punishes them for crimes without judicial trial.
The following have been ruled as Bills of Attainder:
1. A legislative act operating permanently to exclude certain specific individuals from government
individuals.
2. An act prescribing the forfeiture of land in favor of the government unless improvements are made
thereon.
3. An act providing that twice convicted felons be subjected to a vasectomy operation.

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