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Rights Protected by The Constitution
Rights Protected by The Constitution
Rights Protected by The Constitution
B.
It inflicts traumatic pains not just to the convict but also on the
family, even if the penalty is not carried out
2.
3.
4.
5.
Effects of RA 9346
a.It disallows imposition of the death penalty
b.
scheme, since the language of the provision does not abolish the
death penalty but merely prohibits its imposition.
Requirement for the restoration of the death penalty
1.
2.
3.
Heinous crimes (RA 7659) Crimes are heinous for being grievous,
odious and hateful offenses and which, by reason of their inherent or
manifest wickedness, viciousness, atrocity and perversity are
repugnant and outrageous to the common standards and norms of
decency and morality in a just, civilized and ordered society.
Character of the death penalty in RA 7659 It is not mandatory. In trial
court or in automatic review, the Court must consider certain facts
before the death penalty may be imposed, and these are
a.Aggravating circumstances which attend the commission of the
crime in accordance with the RPC
b.
committed.
which alters the legal rules of evidence and receives less
testimony than the law required at the time of the commission
of the offense in order to convict the accused.
which assumes to regulate civil rights and remedies only BUT, in
effect, imposes a penalty or deprivation of a right, which, when
done, was lawful.
which deprives a person accused of a crime of some lawful
protection to which he has become entitled such as the
protection of a former conviction or acquittal, or a proclamation
of amnesty.
Effect of ex post facto law It only prohibits retrospectivity of penal
laws, unless such law may be favorable to the accused then it can have
retroactive effect
A law is penal when
it prescribes a criminal penalty imposable in a criminal trial
it prescribes a burden equivalent to a criminal penalty even if
such burden is imposed in an administrative proceeding
Forfeiture proceedings
in rem (civil)proceedings which do not involve the conviction
of the wrongdoer for the offense charged
in personam (criminal)indictment is presented before
forfeiture
Bill of pains and penalties An act which inflicts punishment less than
death without judicial trial
Bill of Attainder A legislative act which inflicts punishment without
judicial trial, whether it applies to named individuals or to easily
ascertainable members of a group. It also includes bills of pains and
penalties.