Writ of amparo, Bill of Rights

Writ of amparo, Bill of Rights

1. Concept The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. (Section, A.M. No. 07-9-12-SC, Rule on the…

Writ of habeas data, Bill of Rights

Writ of habeas data, Bill of Rights

1. Concept The writ of habeas data – is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of…

Writ of habeas corpus, Bill of Rights

Writ of habeas corpus, Bill of Rights

1. Concept a. Coverage All cases of illegal confinement or detention. Except as otherwise expressly provided by law, the writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the…

Ex post facto laws and bills of attainder, Bill of Rights

Ex post facto laws and bills of attainder, Bill of Rights

1. Concept No ex post facto law or bill of attainder shall be enacted. (Section 22, Article III, 1987 Constitution) An ex post facto law is one which, among others, aggravates a crime or makes it greater than it was when committed or changes the punishment and inflicts a greater punishment than the law annexed…

Non-imprisonment for debts, Bill of Rights

Non-imprisonment for debts, Bill of Rights

1. Concept No person shall be imprisoned for debt or non-payment of a poll tax. (Section 20, Article III, 1987 Constitution) Abolition of imprisonment for debt was brought about by the force of public opinion which looked with abhorrence on statutory provision which permitted the cruel imprisonment of debtors. The people sought to prevent the…

Right against excessive fines, cruel and inhuman punishments, Bill of Rights

Right against excessive fines, cruel and inhuman punishments, Bill of Rights

1. Concept Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. (Section 19[1], Article III, 1987 Constitution) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. (Section 19[2], Article…

Right against involuntary servitude, Bill of Rights

Right against involuntary servitude, Bill of Rights

1. Concept No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. (Section 18[2], Article III, 1987 Constitution) Involuntary servitude – refers to a condition of enforced and compulsory service induced by means of any scheme, plan or pattern, intended to cause…

Right against double jeopardy, Bill of Rights

Right against double jeopardy, Bill of Rights

1. Concept No person shall be twice put in jeopardy of punishment for the same offense. (Section 21, Article III, 1987 Constitution) If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. (Section 21, Article III, Ibid.) The…

Right against self-incrimination, Bill of Rights

Right against self-incrimination, Bill of Rights

1. Concept a. Scope The right against self-incrimination is accorded to every person who gives evidence, whether voluntary or under compulsion of subpoena, in any civil, criminal or administrative proceeding. (Rosete v. Lim, G.R. No. 136051, 08 June 2006) The right is not to be compelled to be a witness against himself. It secures to…

Right to speedy trial and speedy disposition of cases, Bill of Rights

Right to speedy trial and speedy disposition of cases, Bill of Rights

1. Concept All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. (Section 16, Article III, 1987 Constitution) This right to a speedy trial may be defined as one free from vexatious, capricious and oppressive delays, its “salutary objective” being to assure that an innocent…