Bill of Rights Part II

BILL OF RIGHTS PART 2 Prepared by Raizza P. Corpuz

Bill of Rights Article 3

(Sec 15-22)

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.

Writ of Habeas Corpus

1.is an order issued by a court of competent jurisdiction, directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place and to show sufficient cause for holding in custody the individual so detained.2.an action that protects an individual from unlawful detention.3. It prevents an agency from holding an individual without reason4.A literal translation of habeas corpus found in many legal textbooks is “you (shall) have the body.”

A literal translation of “habeas” could be “may you have” or possibly “let you have.” The “shall” in quotes is used to indicate a theoretical or ideal state for which the subjunctive is used in both Latin and English.

“Corpus”

• is accusative here because it is the direct object of the verb “habeas;” it indicates what should or may be “had.” So, a translation of “habeas corpus” that follows more closely the rules of Classical Latin can be “may you have the body” or “let you have the body.”

Section 16. 

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

Quasi-judicial is defined as an action by an administrative

agency which

• ascertains certain facts,

• hold hearings,

• weigh evidence,

• make conclusions from the facts as a basis for their official action, and

• exercises discretion of a judicial nature.

• A quasi-judicial body is an individual or organization which has powers resembling those of a court of law or judge and is able to remedy a situation or impose legal penalties on a person or organization.

• An administrative process would not usually be concerned with hearsay evidence. It would be something like a High Court Judicial Review (which is both a judicial and administrative process).

Section 17.

•  No person shall be compelled to be a witness against himself.

RIGHT AGAINST SELF INCRIMINATION

• A protection against self-incrimination which may expose a person to criminal liability

Section 18.

• No person shall be detained solely by reason of his political beliefs and aspirations.

• No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.

Section 19.

• 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.

• 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 20.

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

• Debt- means any liability to pay money arising out of a contract express or implied

But if the debtor has a property, the creditor has the right in a civil case as a means of enforcing for the payment of debt.

Poll Tax-personal tax- a fixed amount imposed on individuals residing within a specified territory whether citizens or not

Section 21.

•  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

The guarantee protects against perils of a second punishment means no one can be charged twice for the same or identical offense

Section 22.

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

Ex Post facto Law

• One which operating retrospectively (pabalik)

Characteristics:

Penal or criminal matters only