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…
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…
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…
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…
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…
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…
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…
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…
1. Concept No person shall be held to answer for a criminal offense without due process of law. (Section 14[1], Article III, 1987 Constitution) A day in court is the touchstone of the right to due process in criminal justice. It is an aspect of the duty of the government to follow a fair process…
1. Concept Miranda rights. The guarantees of Sec. 12 (1), Art. III of the 1987 Constitution, or the so-called Miranda rights, may be invoked only by a person while he is under custodial investigation. (People v. Amestuzo, G.R. No. 104383, 12 July 2001) Custodial investigation. Custodial investigation – involves any questioning initiated by law enforcement…