Article III – Bill of Rights

Section 1 – DUE PROCESS & EQUAL PROTECTION Clause (DPER)

 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.

Equal Protection: requires that all persons or things similarly situated should be treated alike, both as to
rights conferred and responsibilities imposed.
- No person or class of persons shall be denied the same protection of laws which is enjoyed by
other persons or other classes in like circumstances.
- A corporation as an artificial person is protected under the Bill of Rights against denial of due
process, and it enjoys the equal protection of law; and protected under the equal protection of law.

Requisites:
1. Must rest on substantial distinctions
2. Must be germane to the purpose of the law
3. Must not be limited to existing conditions only
4. Apply equally to all members of the same class.

Section 2 – SEARCH & SEIZURES (SS)

 The right of the people to be secure in their persons, houses, papers, and;
 Effects against unreasonable searches and seizures – judicial question, determinable from a
consideration of the circumstances involved.
 Of whatever nature and;
 For any purpose shall be inviolable
 No search warrant or warrant of arrest shall issue
 Except upon probable cause to be determined personally by the judge after examination under
oath or affirmation of the complainant and the witness he may produce;
 And particularly describing the place to be searched and;
 The persons or things to be seized.

Note: It may invoked only by the person entitled to it; it may be waived expressly or impliedly only by
the person whose right is invaded, not by one who is not duly authorized to effect such waiver.
Objections to the warrant of arrest must be made before the accused enters his plea.
It protects all persons including aliens.

Search Warrant: to gain evidence to convict; valid for 10 days from its date
Warrant of Arrest: to acquire jurisdiction
Must refer to one specific offense

Search Warrant: an order in writing issued in the name of the People of the Philippines, signed by a
judge and directed to a peace officer, commanding him to search for personal property described therein
and bring it before the court.

Personal Property to be seized:

a. Subject of the offense
b. Stolen or embezzled and other proceeds, or fruits of the offense, or
c. Used or intended to be used as the means of committing an offense.
Requisites:
1. Probable cause in connection with one specific offense to be determined personally by the
judge after examination under oath
2. Describing the place to be search and the things to be seized which may be anywhere in the
Philippines.

Note: No search of a house, room, or any other premise shall be made EXCEPT in the presence of the
a. Lawful occupant thereof
b. Any member of his family, or in the absence of the latter,
c. Two witnesses of sufficient age and discretion residing in the same locality.
d. Shall be made in presence of two witnesses.

Rule 113 ROC –

Section 5: Arrest without warrant, when lawful –
a. When in his presence, the person arrested has committed, is actually committing, or is attempting
to commit an offense.
b. When an offense has just been committed, and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it; and
c. When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or is temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another.

Note: It is not necessary that the property to be searched or seized should be owned by the person
against whom the warrant is issued; it is sufficient that the property is within his control of
possession.

Section 3 – PRIVACY OF COMMUNICATION (POC)

 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.
 Any evidence obtained in violation of this or the preceding section shall be INADMISSIBLE.

General Rule: The legislative act may not validly classify the citizens of the State on the basis of their
origin, race, or parentage.
XPN: In times of great and imminent danger, such classification is permitted by the Constitution
when the facts so warrant.
- The political rights of aliens do not enjoy the same protection as that of citizens.
- Statutes may validly limit to citizens exclusively the enjoyment of rights or privileges connected
with the public domain, the public works, or the natural resources of the State.

Section 4 – FREEDOM OF SPEECH, OF EXPRESSION, & OF THE PRESS, ASSEMBLY

(FSEPA)
 No law shall be passed abridging the FSEP, or the right of the people peaceably to assemble and
 Petition the government for redress of grievances.

Section 5 – FREEDOM OF RELIGION (FOR)

 No law shall be made respecting an establishment of religion or
 Prohibiting the free exercise thereof.
 The free exercise and enjoyment of religious profession and worship
 Without discrimination or preference, shall be forever allowed
  No religious test shall be required for the exercise of civil or political rights.

Section 6 – LIBERTY OF ABODE (LOA)

 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.

Section 7 – RIGHT TO INFORMATION (ROI)

 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 citizen, subject to such limitations as may be provided by law.

Section 8 – RIGHT TO FORM UNIONS & ASSOCIATIONS OR SOCIETIES (RFUA)

 The right of the people, including those employed in the public and private sectors, form unions,
associations, or societies
 For purposes not contrary to law shall not be abridged.
Volkschel Labor Union v. Bureau of Labor Relations
 A local union, being a separate and voluntary association, is free to serve the interest of all its
members including the FREEDOM TO DISAFFLIATE when circumstances warrant.
 A contract between an employer and the parent organization as bargaining agent for the
employees is terminated by the disaffiliation of the local of which the employees are members.
 A local union which has validly withdrawn from its affiliation with the parent association &
which continues to represent the employees of an employer is entitled to the Check-off dues
under a collective bargaining contract.
Occena v. Comelec
 Not absolute – it is always subject to the pervasive and dominant police power of the state and
may regulated or curtailed to serve appropriate and important public interest.

Section 9 – PRIVATE PROPERTY (PP)

 Private property shall not be taken for public use without just compensation.

Section 10 – NON-IMPAIRMENT OF CONTRACT (NIC)

 No law impairing the obligation of contracts shall be passed.
PNB vs. REMIGO
 Eminent domain proceedings – where the state expropriates private property for public use, and
the only condition to be complied with is the payment of just compensation. Such that
condemnation proceedings do not impair the contract to destroy its obligation, but merely
appropriate or take for public use.
Ortigas v. Feati Bank
 NOT ABSOLUTE – It has to be reconciled with the exercise of police power – the power to
prescribe regulations to promote the health, morals, peace, education, good order or safety and
general welfare of the people.
Lozano v. Martinez
 The freedom of contract which is constitutionally protected is FREEDOM TO ENTER INTO
LAWFUL CONTRACTS. Contracts which contravene public policy are not lawful.
  It may be constitutionally impermissible for the legislature to penalize a person for non-payment
of a debt ex contract but certainly it is within the prerogative of the lawmaking body to proscribe
certain acts deemed pernicious and inimical to public welfare.
 The enactment of BP 22 is a declaration by the legislature that, as a matter of public policy, the
making and issuance of a worthless check is deemed public nuisance to be abated by the
imposition of penal sanctions.
Conference of Maritime Manning Agencies v. POEA
 The constitutional prohibition against impairing contractual obligations is not absolute and is not
to be read with literal exactness.
 All contracts and al rights are subject to the police power of the State and not only may
regulations which affect them be established by the State, but all such regulations must be subject
to change from time to time, as the general, well-being of the community may require, or as the
circumstances may change, or as experience may demonstrate the necessity.
La Insular v. Manchuca
 All contracts are made subject to the taxing powers of the state and territorial governments.
Clements v. Nolting
 A contract to pay a certain money, without any stipulation as to the kind of money in which it
shall be paid, may always be satisfied by payment of that sum in any currency which is lawful at
the place and time at which payment is to be made.

Section 11 – FREE ACCESS TO THE COURTS (FAC)

 Free access to the courts and quasi-judicial bodies and
 Adequate legal assistance
 Shall not be denied to any person by reason of poverty.

Section 12 – RIGHT TO BE INFORMED OF HIS RIGHT (RIR)

 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 the services of counsel, he must be provided with one.
 These rights cannot be waived except in writing and in the presence of the counsel.
 No torture, force, violence, threat, intimidation or any other means
 Secret detention places, solitary, incommunicado, or other similar forms of detention are
prohibited

Spontaneous statements: hindi pa tinatanong umaamin na – is this admissible even without the
presence of the counsel? Confessions are admissible only when they are made voluntarily, and the
burden for proving that a confession was made voluntarily rests with the prosecution. The prosecution
must show that the confession was not extracted by any sort of threat or violence or obtained by any
promise or exertion of improper influence.

Right to be informed is not a waivable right – miranda warnings – not waivable rights – mandatory

Two rights: Waivable rights: provided the waiver is in writing and in the presence of the counsel
1. Right to remain silent
2. Competent and independent counsel – right to counsel – should be available at all cases of
the investigation
Competence – one who is able to protect your right if you are a person under custody – knowledge
enough to explain
Waiver should be voluntary, conscientious, no coercion, no threat, no intimidation
*elements of waiver

Counsel preferably of his own choice: “gusto ko po si Atty., ang mag-assist” – is this reasonable? –
it depends if the person can be contacted or reached
Lawyer of choice – not absolute right
Time is of the essence –
People vs. Mahinay – Duties of Arresting Officers
Provisional Liberty (thru bail) – while the case in on going trial, he can be out of jail subject only to
certain exceptions – RULE 114 of Rules of Court

Confession – the declaration of an accused expressly acknowledging his guilt of the offense charged may
be given in evidence against him,

Extrajudicial confession, not sufficient ground for conviction – an extrajudicial confession made by an
accused, shall not be sufficient grounf for conviction, unless corroborated by evidence of corpus delicti.
E.C. of the accused in a criminal case are universally recognized as admissible in evidence
against him, based on the presumption that no one would declare anything against himself unless such
declarations were true.

A coerced confession stands discredited in the eyes of the law and is as a thing that never existed.
It must be noted that all these Philippine cases refer to coerced confessions, whether the coercion was
physical, mental and/or emotional.

A word of counsel then to lower courts – we should never presume that all media confessions described
as voluntary have been freely given. This type of confession always remains suspect and therefore should
be thoroughly examined and scrutinized. – Such confession does not form part of custodial investigation
as it was not given to police officers but to media men in an attempt to elicit sympathy and forgiveness
from the public.

4 FUNDAMENTAL REQUIREMENT
1. The confession must be voluntary
2. The confession must be made with the assistance of competent and independent counsel
3. The confession must be express
4. The confession must be in writing.
Hence, if there is no counsel at the start of the custodial investigation any statement elicited from
the accused is inadmissible in evidence against him.

When the constitution requires a person under investigation “to be informed” of his right to remain silent
and to counsel, it must be presumed to contemplate the transmission of meaningful information rather
than just the ceremonial and perfunctionary recitation of an abstract constitutional principle.

“to be informed” implies comprehension, the degree of explanation required will necessary vary,
depending upon the education, intelligence and other relevant personal circumstances of the person under
investigation.

Like other constitutional rights, the right against self-incrimination, including the right of a person under
investigation to remain silent and to counsel, and to be informed of such right, may be waived. To be
valid, however, a waiver of the right must not only be voluntary; it must be made knowingly and
intelligently, which presupposed an awareness or understanding of what is being waived.
Section 13 - RIGHT TO BAIL (RB)
 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.

Before Conviction: before the court renders a judgment of guilt

A person who is judged in court before conviction may file a bail

Released on cognizance – that person can be released to another person and that person will be
responsibility to the accuse in that court (guarantees the present of the accuse)
“released recognizance to the mayor”
Rule 114, section 1, section 4, section 5, section 8 (first part), section 9

Why is it important that a person be allow to go on bail? – A person is presumed to be innocent –

means that under certain conditions be allowed to enjoy liberty as long as there is no conviction by
the court.

Can you go to abroad when u are on bail – need to secure from the court

Evidence of guilt not strong – a person can be released on bail by discretion of the court
Bail is a matter right before or even after conviction rendered by a first trial court (municipal trial
court (section 4, rule 114)
Bail is not a matter of right but by the discretion of the court (section 5, 114)

Rule 114 – Section 1

Bail – is the security given for the release of a person in custody of the law, furnished by him or a
bondsman, to guarantee 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.
Section 4 - Bail, a matter of right; exception – all persons in custody shall be admitted to bail as a matter
of right, with sufficient sureties, or released on recognize as prescribed by law or this Rule (a) before or
after conviction by the Metropolitan TC, Municipal TC, Municipal Trial Court in Cities or Municipal
Circuit Trial Court, and (b) before conviction by the RTC of an offense not punishable by death, reclusion
perpetua, or life imprisonment.
Section 5 - Bail, when discretionary – offense not punishable by death, reclusion perpetua, or life
imprisonment, admission to bail is discretionary. The application for bail may be filed and acted upon by
the trial court despite the filing of a notice of appeal, provided it has not transmitted the original record to
the appellate court. However, if the decision of the trial court convicting the accused changed the nature
of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by
the appellate court.
Should the court grant the application, the accused may be allowed to continue on provisional
liberty during the pendency of the appeal under the same bail subject to the consent of the bondsman.
If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused
shall be denied bail or his bail shall be cancelled upon a showing by the prosecution, with notice to the
accused, of the ff similar circumstances:
 a. He is a recidivist, quasi-recidivist, habitual delinquent, has committed the crime
aggravated by the circumstance of reiteration;
b. He has previously escaped from legal confinement, evaded sentence, or violated the
conditions of his bail without valid justification;
c. He committed the offense while under probation, parole, or conditional pardon;
d. That the circumstances of his case indicate the probability of flight if released on bail; or
e. There is undue risk that he may commit another crime during the pendency of the
appeal.
Section 8 – Burden of proof in bail application – at the hearing of an application for bail filed by a person
who is in custody for the commission of an offense punishable by death, reclusion perpetua, or life
imprisonment, the prosecution has the burden of showing that evidence of guilt is strong.
Section 9 – Amount of bail; guidelines – the judge who issued the warrant or granted the application shall
fix a reasonable amount of bail considering primarily, but not limited to, the ff factors:
a. Financial ability
b. Nature and circumstances of the offense
c. Penalty for the offense charged
d. Character and reputation
e. Age and health
f. Weight of the evidence
g. Probability of the accused appearing at the trial
h. Forfeiture of other bail
i. The fact that accused was fugitive from justice when arrested
j. Pendency of other cases where the accuse is on bail
Excessive bail shall not be required.

Section 14 – NO PERSON SHALL BE HELD TO ANSWER FOR A CRIMINAL OFFENSE

WITHOUT DUE PROCESS OF LAW (DPL) – rights of the accused
 In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved,
 Shall enjoy the right to be heard by himself and counsel
 To be informed of the nature and cause of the accusation against him
 To have a speedy, impartial, and public trial,
 To meet the witnesses face to face
 To have compulsory process to secure the attendance of witnesses and the production of evidence
in his behalf.
 Failure to appear if notified is unjustified. – The absence of the accused without any justifiable
cause at the trial on a particular date of which he had notice shall be considered a waiver of
his right to be present during the trial. When an accused. Under custody had been notified
of the date of the trial and escapes, he shall be deemed to have waived his right to be present
on said date and on all subsequential trial dates until custody is regained.
 These rights are clearly available to all citizens even in the absence of statutory enactment. They
cannot be denied to certain individuals because of gaps in law for which they are not responsible.
 They cannot be taken away from certain individuals because of the nature of their vocation.

Rule 115 – rules of Court

Section 1 – Rights of accused at the trial – in all criminal prosecutions, the accused shall be entitled to the
following rights:
a. To be presumed innocent until the contrary is proved beyond reasonable doubt
b. To be informed of the nature and cause of the accusation against him.
c. To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment. The accused may, however, waive his presence
 at the trial pursuant to the stipulations set forth in his bail, unless his presence is specifically
ordered by the court for purposes of identification. The absence of the accused without
justifiable cause at the trial of which he had notice shall be considered a waiver of his right
to be present thereat. When an accused under custody escapes, he shall be deemed to have
waive his right to be present on all subsequent trial dates until custody over him is regained.
Upon motion, the accused may be allowed to defend himself in person when it sufficiently
appears to the court that he can properly protect his right without the assistance of counsel.
d. To testify as a witness in his own behalf but subject to cross-examination on matters covered
by direct examination. His silence shall not in any manner prejudice him.
e. To be exempt from being compelled to be a witness against himself.
f. To confront and cross-examine the witnesses against him at the trial. Either party may utilize as
part of its evidence the testimony of a witness who is deceased, out of or can not with due
diligence be found in the Philippines, unavailable or otherwise unable to testify, given in another
case or proceeding, judicial or administrative, involving the same parties and subject matter, the
adverse party having the opportunity to cross-examine him.
g. To have compulsory process issued to secure the attendance of witnesses and production of other
evidence in his behalf.
h. To have speedy, impartial and public trial.
i. To appeal in all cases allowed an in the manner prescribed by law.

An accusation, according to the fundamental law, is not synonymous with guilt.

In ultimate effect, except as to the degree of proof, no distinction is made between a person convicted of
acts of disloyalty and one against whom charges have been filed for such acts, as both of them would be
ineligible to run for public office.

A petitioner who bases his claim for relief on asserted constitutional deficiencies deserves to be heard.

When a defendant appears without attorney, the court has four important duties to comply with:
1. It must inform the defendant that it is his right to have attorney before being arraigned
2. After giving him such information the court must ask him if he desires the aid of an attorney
3. If he desires and is unable to employ attorney, the court must assign attorney de oficio to defend
him
4. If the accused desires to procure an attorney of his own the court must grant him a reasonable
time therefor.

In criminal cases, there can be no fair hearing unless the accused be given the opportunity to be
heard by counsel. The right to be heard would be of little avail if it does not include the right to be heard
by counsel.
It is not enough to ask him whether he desires the aid of an attorney, but it is essential that the court
should assign one de oficio if he so desires and he is poor grant him a reasonable time to procure an
attorney of his own.

A judgment of conviction must still be based upon the evidence presented in court. Such evidence
must prove him guilty beyond reasonable doubt. Also, there can be no violation of due process since
the accused was given the opportunity to be heard.

His right to present on his behalf, a right given to him for his own benefit a protection, may be waived by
him.
An escapee who has been duly tried in absentia waives his right to present evidence on his own behalf
and to confront and cross-examine witnesses who testified against him.

If the inculpatory facts and circumstances are capable of two or more explanations one of which is
consistent with the innocence of the accused and the other consistent with his guilt, then the
evidence does not fulfill the test of moral certainty and is not sufficient to support a conviction.

In dismissing criminal cases based on the right of the accused to speedy trial, courts should carefully
weigh the circumstances attending each case. They should balance the right of the accused and right of
the State to punish people who violate its penal laws. Both the state and the accused are entitled to due
process.

What offends the right of the accused to speedy trial are unjustified postponements which prolong trial for
an unreasonable length of time. – Deemed violated only when the proceeding is attended by vexatious,
capricious or oppressive delays; or when unjustified postponements of trial are asked for and secured; or
when without cause or justifiable motive, a long period of time is allowed to elapse without the party
having his case tried.

Section 15 – PRIVILEGE OF THE WRIT OF HABEAS CORPUS (PWBC)

 Shall not be suspended except in cases of invasion or rebellion
 When the public safety requires it.

Alcantara v. Director of Prisons

 Crimes against national security, such as treason, espionage, etc., and against public order, such
as rebellion, sedition, etc. – Necessary for the control of the occupied territory and the protection
of the army of the occupier.
Gumabon v. Director of Prisons
 The writ imposes on judges the grave responsibility of ascertaining whether there is any legal
justification for a deprivation of physical freedom. Unless there be such a showing, the
confinement must thereby cease. If there be a valid sentence it cannot, even for a moment, be
extended beyond the period provided for by law.
 The most important human rights provision in the fundamental law.
 One of the most important bulwarks of liberty.
 Justice Malcolm – The essential object and purpose of the writ of habeas corpus is to inquire into
all manner of involuntary restraint as distinguished from voluntary, and to relieve a person
therefrom is such restraint is illegal. Any restraint which will preclude freedom of action is
sufficient.
 Can have a retroactive effect – habeas corpus can be a remedy
 The only means of giving retroactive effect to a penal provision favorable to the accused is the
writ of habeas corpus – the emphatic affirmation that it is the only means of befitting the accused
by the retroactive character of a favorable decision holds true.
Feria v. CA
 Devised and exists as a speedy and effectual remedy to relieve persons from unlawful restraint,
and as the best and only sufficient defense of personal freedom,
 It secures to a prisoner the right to have the cause of his detention examined and determined by a
court of justice, and to have the issue ascertained as to whether he is held under lawful authority.
o There has been a deprivation of constitutional right resulting in the restraint of a person;
o The court had no jurisdiction to impose the sentence
o An excessive penalty has been impose, as such sentence is void as to such excess
 Tijin v. CA
 The habeas corpus extends to all cases of illegal confinement or detention by which any
person in deprived of his liberty, or by which the rightful custody of any person is withheld
from the person entitled thereto.

Section 16 - RIGHT TO SPEEDY DISPOSITION (RSD)

 All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-
judicial, or administrative bodies.
Abadia v. CA
 This protection extends to all citizens, including those in the military and covers the periods
before, during and after the trial, affording broader protection which guarantees merely the right
to a speedy trial.
Section 17 – RIGHT AGAINST SELF-INCRIMINATION (RASI)
 No person shall be compelled to be a witness against himself.
Pascual v. Board of Medical Examiners
 Being available only when a question calling for an incriminating answer is asked of a
witness.
 It extends its protection to lawyers as well as to other individuals, and that it should not be
watered down by imposing the dishonor of disbarment and the deprivation of a livelihood as a
price for asserting it.
 Equally applicable to a proceeding that could possibly result in the loss of the privilege to
practice the medical profession.
 Enables the citizen to create a zone of privacy which government may not force to surrender
to his detriment.
People v. Tranca
 What is prohibited by the constitutional guarantee against self-incrimination is the use of physical
or moral compulsion to export communication from the witness, not an inclusion of his body in
evidence, when it may be material.
 It is simply a prohibition against legal process to extract from the defendant’s own lips, against
his will, an admission of guilt.
Villaflor v. Summers
 An ocular inspection of the body of the accused is permissible. The proviso is that torture of force
shall be avoided.
 Nemo tenetur seipsum accusare - no man has to accuse himself
 To compel any one, and especially a woman, to lay bare the body or to submit to the touch of a
stranger, without lawful authority , is an indignity, an assault, and a trespass.

Section 18 – RIGHT AGAINST INVOLUNTARY SERVITUDE (RAIS)

 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. – force service – a person is under the
control/supervision of another person and does not enjoy the liberties as afforded by the
law- consti sec 4, art 2.

Section 19 – CRUEL AND INHUMAN PUNISHMENT (CIP)

 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.
 Any death penalty already imposed shall be reduced to reclusion perpetua.
  The employment of physical, psychological, or degrading punishment
 Or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt
with by law.
 Flagranty and clearly oppressive
 Fine is disproportionate to the crime committed
 Shocking to the moral sense of the society
 Death penalty is just merely suspended

Section 20 – NON-IMPRISONMENT FOR DEBT (NID)

 No person shall be imprisoned for debt or
 non-payment of a poll tax. – cedula/resident tax
 if the obligation is a simple contractual debt
 may be imprisoned for fraudulent debt – estafa
 upon conviction – felony of estafa – failure to meet your obligation under the check
previously issued by you

Section 21 – DOUBLE JEOPARDY (DP)

 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 – either way you can no longer be
prosecuted, whether under the law or ordinance
 Same offense ; same act.
 Jeopardy means DANGER
 RES JUDICATA IN PRISON GREY – concept of double jeopardy
 BP 22 + ESTAFA = punished by different laws = VALID = special laws + RPC = different
elements
 First jeopardy – pleaded in the court – acquit the accuse –
 Second jeopardy
 Supervening event:
o 1st charge: SPI – not guilty
o The day u pleaded not guilty, the person died – cause of death was the injury
suffered
o Accused you homicide – can you plead guilty?
o The accuse cannot invoke that there is a double jeopardy
o Because the homicide is because of the injury suffered
 Double jeopardy – waivable right

Three requisites before double jeopardy –

1. The first jeopardy must have attached prior to the second;
2. The first jeopardy must have been validly terminated by final judgment
3. The second jeopardy must be for the same offenses as that in the first, or the second offense
includes or is necessarily included in the offense charged in the first information, or is an attempt
to commit the same or is a frustration thereof.

Section 22 – EX POST FACTO LAWS AND BILL OF ATTAINDER (EPFLBA)

 No ex post facto law or bill of attainder shall be engaged.
Ex post facto: makes an act criminal if the action was in the past not criminal
No retrospectivity of penal laws
 Refers to a criminal actions
  Prejudices the accuse
 retroactive in application
Bill of attainder: law passed by the legislature imposes penalty without trial
 when there is a law passed by the congress
 law imposes a sanction to individuals
 without trial conducted by a judicial court
Lacson Case
QUIZ: 8,10,11, 15-22