Constitutional Law II

Non-Imprisonment of Debt or Poll Tax

Serafin Vs. Lindayag

A.M. No. 297-MJ, September 30, 1975

Facts of the case:

The controversy stemmed at the decision of the Municipal Trial Court of
Guiguinto, Bulacan charging the complainant Mrs. Avelina N. Serafin with the crime
of Estafa after she failed to pay her indebtedness of 1,500PHP without collateral to
Mendoza spouses. The respondent Judge, Lindayag, issued a warrant of arrest to
which the complainant argued no probable cause.

Issue:
Whether the warrant of arrest issued by the respondent judge was
correct?

Held:
No, the Supreme Court held that the nature of the case was purely civil
and the respondent judge grossly failed to perform his duty properly to which in this
case, it was elementary that NON-PAYMENT OF INDEBTEDNESS was NOT a
CRIMINAL ACT, much less Estafa, and that NO ONE MAY BE CRIMINALLY
CHARGED punished for non-payment of a loan or of a sum of money. The
respondent judge should have dismissed the complaint of the prosecutor because
there was no probably cause however he issued a warrant of arrest which made him
incompetent to his office.

Reference: 1935 Philippine Constitution Article III section 12 – No

person shall be imprisoned for debt or non-payment of a poll tax.

Prepared by : Raymark Mission Sicat