Article III

Bill of Rights
 What is Law?

A rule of conduct or action that a nation or a group

of people agrees to follow

A whole collection of established rules

The rule or principle that always works the same

way under the same conditions

It is a bill passed by a legislature (Merriam Dictionary)

 Characteristics of Law

A rule of conduct

It is obligatory

It is promulgated by a legitimate authority

It is of common observance and benefit

 Purpose of Law
Laws are necessary for the preservation of life, liberty,
and property

For maintenance of public order

To regulate behavior and to limit one’s actions

To establish a rule of conduct

To establish an orderly society (De Leon, Hector S. The Laws on Obligations and
Contracts. 2003 Ed., pp 6-7)
 What would life be without
law?

Society come into existence because its members

could not live without it. The need for
international order is as constant as the need for
external defense. No society can be stable in
which either of these requirements fail to be
provided for. (Pollack, A First Book on Jurisprudence, 5th ed., p.6)
 Introduction to the Philippine
Constitution

“That written instrument upon which the

powers of the government are established,
limited and defined, and by which these powers
are distributed among the several departments
for their safe and useful exercise and for the
benefit of the body politics.” – Justice Malcom
 Three major parts of the
Constitution
Constitution of government – refers to the provision of the
constitution that define the operations of the organs departments
and agencies of the government as well as the functions of the
officers in the said bodies.

Constitution of liberty – refers to the provisions in the

constitution defining our rights and privileges granted by law.

Constitution of sovereignty – it consists of the provisions that

remind us that we are the sovereign people in this government.
 The concept of Justice

It is the idea of giving each person his or her

fair due as a matter of right.

A primary sense of justice is the fairness of a

system of laws.
 The theories of Justice

Distributive justice – refers to the distribution

of social goods and burdens

Retributive justice – refers to the assignment of

punishments

Commutative justice – refers to the terms of

exchange
Article III
Bill of Rights
 What is Bill of Rights

The Bill of rights is a list of rights and privileges,

which individuals enjoy and which cannot be
violated by the government or any public officer.
 Purpose

The purpose of the Bill of Rights is to protect the

individuals from any unlawful intrusion of the
government. Article III aims to balance the power
of the government and the people.
The Three Inherent Powers of the Government

Police Power - That inherent and plenary power, which enables the
government to prohibit all that is hurtful to the comfort, safety, and welfare
of society. The power to command obedience from the people to ensure
public safety and promote general welfare.

Power of Eminent Domain - Power to take private property for public use.
Examples: road expansion, municipal hall construction or any government
building, relocation of the public market, or any government center cites.

Taxation - That inherent power of the government to collect taxes from the
people in order to defray expenses incurred by the government. (Ramirez, Sr. The
New Philippine Constitution, 2002. p. 121)
What is the meaning of Right

Right is a privilege or prerogative conferred by

usage or law upon a person or a group of persons
 Classifications of Rights
Natural Rights - Those rights possessed by every citizen without being
guaranteed by the state for they are conferred upon him by God as a human being

Constitutional Rights - Those rights, which are conferred, defined, and protected
by the Constitution

Statutory Rights - Those rights, which are provided by law promulgated by the
law making body

***The Bill of Rights guarantees and safeguards our basic or fundamental

rights. These include: the right to life, liberty and property, rights against
government unlawful intrusion, freedom of speech, expression and press, and
rights of the accused.***
 Article III 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
 Terms to be defined:
Persons - Persons embrace all natural persons within the territorial jurisdiction of
the Philippines, irrespective of race, color, or nationality. To some extent juridical
persons are included (corporations)

Life - The right to life means the “right to a good life.”

Liberty - Otherwise known as freedom

Property - It embraces everything over which man may have exclusive dominion
(title, ownership) control and possession.

Due Process of Law - A law which hears before it condemns, which proceeds
upon inquiry, and render judgment only after trial.
 Purposes of Due Process
1. To prevent an improper governmental
infringement against individual’s life, liberty, and
property

2. To prevent arbitrary exercise of governmental

powers; and

3. To prevent unjustified confiscation of property.

(Bernas, Joaqin G.S.J., The 1987 Constitution of the Republic of the Philippines: A Commentary, 2003 Ed. pp.
103-107)
 Dual Aspects of Due Process

Procedural Due Process - A procedural requirement, a mode or procedure

which government agencies must observe following the enforcement and
application of laws. (This will be explained in Article III, Sec. 14)

Requisites:

1. There must be an impartial tribunal

2. The court must have jurisdiction

3. There must be opportunity to be heard

4. The judgment must be rendered after trial

Substantive Due Process - A substantive requirement, a
prohibition of arbitrary laws. The requisites or
requirements of substantive due process are:

1. A law which is in harmony with the general power of

the legislature;

2. Such law must be reasonable in operation

3. Such law that is enforced according to regularly

prescribed method

4. Such law that is applicable to all the people or to all

of a class (Ramirez, Sr. The New Philippine Constitution, New Ed. p. 121)
Equal protection of the law - This means that no
person or class of persons shall be denied the
protective mantle of the law. All persons must be
treated alike.
 Article III Section 2

The right of the people to 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 or warrant of arrest shall issue
except 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.
 Legal Terms
Warrant - It is an order in writing issued in the name of the People of the Republic
of the Philippines, signed by a judge after the determination of a probable cause,
commanding an officer to arrest a person or seized a property

Requisites:

1. There has to be probable cause

2. The probable cause must be personally determined by the judge

3. The determination must be after examination under oath by the jude of the
complainant and the witnesses he may produce

4. The warrant must describe the place to search or the person to be arrested
Probable Cause - Such reasons, supported by facts and circumstances, as will warrant
a cautious man in the belief that his action, and the means taken in prosecuting it, are
legally just and proper.

Exceptional Cases: Instances when warrant is not needed

1. Search made incidental to lawful arrest

2. Search of moving vehicle

3. Search of goods concealed to avoid duties

4. Seizure of evidence in plain view

5. When he gives consent to the search or arrest or there is a waiver thereof

6. “Stop and Search” without warrant at the military or police checkpoints

7. In lawful exercise of police power

8. Routinary searches (Ramirez, Sr. The New Philippine Constitution, New Ed. pp. 126-128)
 Article III Section 3

Par. (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.

Par. (2) Any evidence obtained in violation of this or

prescribed section shall be inadmissible for any
purpose in any proceeding
 Definitions

Privacy - The right of privacy means the right to be alone. To live

without any unwarranted interference by the public in matters with
which the public is not necessarily concerned.

What covers communication and correspondence?

These include letters, telegrams, telephone calls, and the likes.

Rule: Letters, telegrams, telephones cannot be used as evidence in the

court of law against the person whose right is being violated. (ex. Garci
Tape)
Example: In Dumaguete jail, X wrote a letter to
his wife while his criminal case was still pending.
He confessed to his wife that the accusation
against him is true. He apologized to his wife in
that letter for having committed the crime. Before
the letter was received by his wife, the warden
opened the letter. Upon seeing the content, the
warden turned it over to the court to be used as
evidence against X.

Question: Can the letter be used against X in

court? Why or Why not?
Answer: No, it cannot be used against X. Article
III Section 3 paragraph 2 provides that any
evidence obtained in violation of privacy of
communication is inadmissible.
 Article III 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.
 Guaranteed Rights under Section 4

Freedom of speech (oral, written, tape recorded or

even symbolic speech)

Freedom of expression

Freedom of the press (e.g., newspapers, radio

programs, televisions)

Peaceful Assembly (right to revolt is not included)

In the book of Ramirez, it is explained that
freedom of speech and the press implies the right
to freely utter and publish whatever the citizen
may please and to be protected against any
responsibility for so doing.

Question: Are these guaranteed rights absolute?

Answer: No, these are subject to exceptions. Libelous
statements and Oral Defamations are unlawful.

Note: “Your right ends when the right of the others

begin”

Libel - A public malicious imputation of a crime, or

of a vice or defect, real or imaginary, or any at,
omission, condition, status or circumstance tending to
cause dishonor, discredit, or contempt of a natural or
juridical person, or to blacken the memory of one
who is dead. (Article 353 of the Revised Penal Code)
The word “libel” as popularly used seems to mean only
defamatory words; but words written, if obscene,
blasphemous, or seditious, are technically called libels,
and the publication of them is an indictable offense. (U.S.
v. Dorr, 2 Phil. 340)

Elements of libel:

1. The imputation must be defamatory

2. It must have been given publicly

3. It must be malicious

4. The victim must be identified

Question: Are libel and defamation synonymous?

Answer: No

Oral Defamation - Oral defamation, as the term

suggests, does not concern itself so much with the
opportunity of seeing the movement of the lips of
the author thereof as with the chance of hearing
the defamatory statements.
 How to counter libel?

1. Truth of the statement - if the statement is true, there is no

defamation. (Ex. if someone is convicted rapist, you can’t defame the
person by telling people that fact.)

2. There must be harm - the plaintiff must prove that his or her good
name has been harmed in order for a charge of defamation to stand up
in court. (Ex. If you say someone is “deadbeat” and no one believes it,
there is no harm. On the other hand, if you say that someone is a
deadbeat, and a bank declined to give that person a loan, he or she has
a case against you for defamation.)
3. There must be communication - it must be proved that statement
was communicated. (Ex. When you wrote something about someone,
and you did not publish it, there is no defamation.)

4. Consent - if you can prove that the plaintiff consented to the

statement

5. Privilege - a common defense for defamation is privilege. There

common types of privilege: a.) absolute privilege - an immunity from
charge of defamation even if the statement is malicious, and b.)
qualified privilege - it protects the press from defamation charges for
written or spoken statements unless the statements can be proven to be
malicious.

6. Opinion - if it can be shown that a statement was an opinion rather

than pronouncement of facts, then the statement may not be
defamatory.
 Section 5

No law shall be made respecting an establishment

of religion, or prohibiting the free exercise
thereof. The free exercise ad 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 and political rights.
 2 Clauses under Sec. 5
Non establishment clause

a.) The government cannot establish a state religion

b.) The government cannot give favorable treatment to a
particular religion
c.) The government cannot extend financial assistance to a
particular religion
d. The government must provide equal protection all
religions
2.) Free Exercise Clause
a.) Every individual is free to exercise his/her
religion through worship, prayer, bible study and
the likes (the case of Ebralinag v. Division
Superintendent of Schools of Cebu)
b.) Every individual is free to change his/her
religion
Note: Right to believe also includes right not to
believe
 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.
The two guaranteed rights under Section 6

1. Liberty of abode

Liberty of abode means the right to choose and

change one’s place of residence or home

2. Right to travel

Right to travel (both within and outside the country)

allowed free movement to all citizens?
 Are these rights absolute?

No. These rights can be impaired on the following

instances:

1. Upon lawful order of the court (liberty of

abode)

2. National security, public safety or public health

requires its prohibition (right to travel)
 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 citizens, subject to such limitations as
may be provided by law.
 The rights protected under Sec. 7

1. Right to information on matters of public

concern

2. Corollary right to have access to official records

and documents
 Are these rights absolute?
No. In Chavez v. Presidential Commission on Good Government
(PCGG) enumerated some of the recognized limitations on the right to
information. These are:

1. National Security matters

2. Trade secrets and banking transactions

3. Criminal matters (prior to such arrest, detention, and prosecution)

4. Other confidential matters (Bernas, Joaquin G. S.J. The 1987 Constitution of the Republic of the
Phils., 2003. 372-373)
 Quiz

1. What is the meaning of due process?

2. Is right to life, liberty, and property an absolute

right?

3. What is the consequence of a warrantless search?

4. Differentiate the two clauses: non establishment

and free exercise
 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
 What is right to form association?

It is the freedom to organize or to be a member of

any group or association, union, or society, and to
adopt the rules, which the members judge most
appropriate to achieve their purpose.
This section guarantees the right to form unions,
associations or societies. In a democratic regime,
citizens can organize themselves voluntarily for
any purpose beneficial to them or to the society.
 What is the purpose of Union?

Public and private employees have the right to

form unions. Unions are important for collective
bargaining purposes. These are the channels for
the employees to air their justifiable demands and
uplift their working conditions.
What is the limitation of the right to form union
and association?

The purpose must not be contrary to the law. An

organization that is subversive in nature and its
intention is to overthrow the established
government through violence is unlawful.
 Section 9

Private property shall not be taken for public use

without just compensation
 What is eminent domain?

The power of the government to take private

property for public use
The elements in the exercise of eminent domain

1. There is a taking of private property

2. The taking must be for public use

3. There shall be just compensation

NOTE: In the case of the local government units, an

ordinance in the Sangguniang is required before the local
chief executive can enter into a contract with a private
individual in the expropriation proceeding.
 Just Compensation

The prevailing fair market value of the property in

the locality where the property is located
 Section 10

No law impairing the obligation of contracts shall

be passed
 What is Obligation?

Obligation is a juridical necessity to do, or not to

do, to give. It is a tie or bond recognized by law
by virtue of which one is bound in favor of
another to render something — this may consist in
giving a thing, doing a certain act, or not doing a
certain act. (De Leon, Hector, The Law on Obligations and
Contracts, 2003 Ed. p. 16)
 What is Contract?

A legally binding agreement. “A promise or set of

promises which the law will enforce.” Contracts
when entered into freely and voluntarily shall be
held sacred and shall be enforced by courts of
justice.” (Printing and Numerical Registering Co.v. Sampson
quoted in the Dictionary of Law, 3rd Ed.)
 Essential requisites of an
obligation
1. A passive subject (called debtor or obligor) - the person who is bound
to the fulfillment of the obligation; he who has a duty;

2. An active subject (called creditor or oblige) - the person who is entitled

to demand the fulfillment of the obligation; he who has a right;

3. Object or prestation (subject matter of the obligation) - the conduct

required to be observed by the debtor

4. A juridical or legal tie (also called efficient cause) - The tie in an

obligation can easily be determined be knowing the source of the
obligation (De Leon, Hector, The Law on Obligations and Contracts,
2003 Ed. pp. 17-18)
 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
 Legal Terms

Court - A board or other tribunal, which decides a litigation

or contest. Ex. (Municipal Trial Court, Regional Trial Court,
Court of Appeals, Special Courts, and the Supreme Court as
the Highest Court)

Quasi-Judicial Bodies - “almost like courts”, referring to the

administrative bodies hearing and deciding disputes. Ex .
(Labor Arbiter of the Department of Labor and DARAB of
the Department of Agrarian Reform)
What do you mean by a “person by reason of
poverty?”

Bernas explains (2003:448) that they need not be persons so poor that they
must be supported at public expense. “It suffices that plaintiff is indigent…
and the difference between paupers and indigent persons is that the latter are
persons who have no property or sources of income sufficient for their
support aside from their own labor through self-supporting when able to
work and in employment.”

Anybody shall not be denied to have access to courts and quasi-judicial

bodies by reason of poverty

Note: Because of this constitutional mandate, PAO exist. The main function
of the office is to render legal assistance to poor litigants.
 Section 12

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 of the services of counsel,
he must be provided with one. These rights cannot
be waived except in writing and in the presence of
counsel
 Custodial Investigation

It is a custodial interrogation or investigation

where the proceedings is not mere general inquiry
into an alleged crime, but has begun to focus on a
particular suspect taken into custody by the police
who carry out a process of interrogation
Any person under criminal investigation for the
commission of an offense shall:

1. Have the right to be informed of his right to remain silent

2. Have a competent and independent counsel preferably of his own

choice

3. If one cannot afford the services of a counsel, be provided with

one

4. Have the right to be informed of these rights

NOTE: These rights cannot be waived, except in writing and in the

presence of a counsel
 Paragraph 2
The following are prohibited

1. Torture, force, violence, threat, intimidation

2. Or any other means which vitiate the free will

3. Secret detention places, solitary, incommunicado

4. Or other similar forms of detention are prohibited

 Paragraph 3

Any confession or admission obtained in violation

of the first 2 paragraphs is inadmissible. Meaning
to say, that the information obtained during such
custodial investigation cannot be used as evidence
against the person whose right is violated.
 Paragraph 4

The last paragraph of Section 12 emphasizes that

Penal and Civil sanctions can be imposed against
the officers taking custody of the victim. On the
part of the victim, the law allows compensation
and rehabilitation of victims.
 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.
 What is Bail?

The security given for the release of a person in

custody of the law furnished by him or a
bondsman, conditioned upon his appearance
before any court as required under the conditions
hereinafter specified. Bail may be given in the
form of corporate surety, property bond, cash
deposit, or recognizance.
 The factors that must be considered in
determining the amount of bail

1. Ability to post bail

2. Nature of the offense

3. Health of the accused

4. Strength of the evidence

5. Probability of appearing in trial

6. Prior forfeiture of bonds

Who cannot exercise of the right to bail?

1. Those charged with offenses punishable by

Reclusion Perpetua

2. When the evidence of guilt is strong

Reclusion perpetua - The penalty of life

imprisonment. However, the offender is eligible
for pardon after undergoing the penalty for 30
years. - Art. 27, Revised Penal Code
 Section 14

No person shall be held to answer for a criminal

offense without due process of law……par (2)…
What is the difference between Section 12 and
Section 14?

Section 12 provides rights to a person during

custodial investigation, while Section 14
guarantees rights to a person during criminal
prosecution
The procedural aspect of due process of law:

1. The accused shall be presumed innocent (thus the burden of proof

beyond reasonable doubt lies in the prosecution)

2. The accused has the right to be heard by himself and his counsel

3. the accused has the right to be informed of the nature and cause of
accusation against him

4. The accused has the right to have a speedy, impartial, and public
trial

5. The accused has the right to meet the witnesses face to face
 What is Arraignment?

The reading of the criminal complaint or

information to the defendant by the judge, or clerk
of court and the delivering to him a copy thereof,
including a list of witnesses, and asking him
whether he/she pleads guilty or not guilty as
charged. (Sec. 1, Rule 116, Rules of Court)
What is meaning of the Right to be Informed?

Bernas quotes the explanation i thecae of U.S. v. Karelsen:

“The object of this…first to furnish the accused with such

description of the charge against him as will enable him to
make his defense. Second, to avail himself of his
conviction or acquittal for protection against further
prosecution for the same cause. Third, to inform the court
of the facts alleged, so that it may decide whether they are
sufficient in law to support a conviction..”
 What is the meaning of Speedy Trial?

As explained, Bernas emphasizes that speedy trial is

necessarily relative. It is consistent with delays and depends
upon circumstances. It secures rights to the defendant. It does
not preclude the right of public justice.

The book of Bernas further states that while it is duty of the

prosecution “to see to it that criminal cases tried without
unfounded delays, the accused himself cannot sleep on said
right but must see to it that his case is tried at any early date.
What is the meaning of Right to Confrontation?

Related to the right to be heard is the right “to meet the

witnesses face to face. This right has a two fold
purposes:

1. Primarily, to afford the accused an opportunity to test

testimony of the witnesses by cross examination, and

2. Secondarily, to allow the judge to observe the

deportment of the witnesses
What is the meaning of the Right to be heard?

Right to be heard allows the accused to defend his own

self. This includes three specific rights:

1. The right to present evidence and to be present at

the trial

2. The right to be assisted by counsel

3 The right to compulsory process to compel the

attendance of witnesses in his behalf.
What is the meaning of the Right to Counsel?

Bernas simplifies the basic elements of the right to counsel. These are the
following:

1. The court is duty bound to inform the defendant that he has a right to an
attorney before he is arraigned

2. The court must ask him he if desires the service of counsel

3. If he does, and is unable to get one, the court must assign counsel de
officio (PAO lawyers, those appointed by the court to represent the accused)

4. Or, if the accused wishes to procure private counsel, the court must give
him the time to obtain one
Can trial proceed in the absence of the accused?

Yes, if the following circumstances are present:

1. Accused has been arraigned

2. Notice of the trial was duly served to him and

properly returned

3. His failure to appear is unjustified (Bernas, Joaquin,

S.J. The 1987 Constitution of the Republic of the
Philippines. A commentary. 2003 Edition)
 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.
What is the meaning of the writ of habeas corpus?

It is defined as 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.
 What is the purpose of the writ of habeas
corpus?

Berns explains that its essential object and

purpose “is to inquire into all manner of
involuntary restraint as distinguished from
voluntary, and to relieve a person therefrom if
such restraint is illegal.

NOTE: Through the writ of habeas corpus, one

can inquire whether or not detention is legal.
 Can we invoke the privilege of the writ of
habeas corpus at all times?

No. The privilege of the writ of habeas corpus may be

suspended in cases of: 1.) Invasion or rebellion, 2.) when
public safety requires it

NOTE: The purpose of such suspension is to protect the

national security. Meaning to say, in times of rebellion or
invasion, if one is detained allegedly because of his
involvement in a revolutionary group, such privileged can be
suspended. However, this privilege shall not be suspended to
those who commit crimes that have nothing to do with
rebellion or invasion.
 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

What is the meaning of this section?

No person shall be compelled to stand as a witness

against himself. Every person is expected to defend his
life, liberty, and property. A person must not be forced
to produce document, perform an act, to be used against
him. In this case, he is acting as a witness against
himself. Section 17 is a right against self-incrimination.
As explained by Chief Justice Marshall “the right
includes a right to refuse to testify to a fact which
would be a necessary link in chain of evidence to
prove the commission of a crime by a witness.”
 Section 18

Par. 1) No person shall be detained solely by a

reason of his political beliefs and aspirations.

Par. 2) No involuntary servitude in any form shall

exist except as punishment for a crime whereof
the party shall be duly convicted.
What is meant by first paragraph?

Ours is a democratic regime. Political beliefs,

aspirations, and opinions are freely recognized as
long as these would not disturb the public order
and safety.
What is involuntary servitude?

Any form of service against the will of the person

rendering such service. Involuntary servitude can
be in the form of 1) slavery; and 2) peonage

Slavery - The entire submission of one to the will

of another

Peonage - If one is compelled to render service as

a form of debt payment
 Section 19
Par 1.) Excessive fines shall not be imposed, nor cruel,
degrading or inhumane 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.

Par 2.) The employment of physical, psychological, or

degrading punishment against any prisoner or detainee or the
use of substandard or inadequate penal facilities under
subhuman condition shall be dealt with the law.
Excessive fine - A fine is excessive when under
any circumstances it is disproportionate to the
offense.
 Section 20

No person shall be imprisoned for debt or non-

payment of a poll tax.
What is poll tax?

A residence tax or “cedula”

NOTE: Failure to pay taxes can be a ground for

judicial action except poll tax.

What is debt?

Liability to pay out of a contract (express or

implied)

NOTE: One can be imprisoned for estafa.

What is Estafa?

A crime committed by a person who defrauds

another causing him to suffer damage by means of
unfaithfulness or abuse of confidence, or of false
pretense of fraudulent acts. - (Art. 315 of RPC)
X approaches a travel agency to contract the
application for a visa. The agency’s
representative collect fees and promises to
render the same within five days. Unknown to
X, the representative never had the intention of
rendering such service. When the due date
arrives, X was informed that the application
had been denied.

In this case, the representative is guilty of

estafa and the company is civilly or criminally
liable to X.
 Section 21

No person shall be put twice 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.
What is double jeopardy?

The rule of double jeopardy means that when a

person is charged with an offense and the case is
terminated either by acquittal or conviction or in
any other manner without the consent of the
accused, the latter cannot again be charged with
the same or identical offense.

NOTE: Double jeopardy means that one is tried

for the same offense twice.
 Section 22

No ex post facto law or bill of attainder shall be

enacted.
What is ex post facto law?

An export facto law is one which:

1. Makes criminal an act done before the passage of

the law and which was innocent when done, and
punishes such an act.

2. Aggravates a crime, or makes it greater than it

was when committed.

3. Changes the punishment and inflicts a greater

punishment than the law annexed to the crime when
committed.
Bill of attainder

A legislative act that inflicts punishment without

judicial trial