CONSTITUTIONAL LAW II

GUIDE QUESTIONS FOR SECTION 18, ARTICLE III

“(1) No person shall be detained solely by reason of his political beliefs and aspirations.

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

1. May a person be held criminally liable if he believes in communism?

No, since that is a mere belief and is protected by Section 18, par 1 of Art 3. Provided, that these beliefs or aspirations remain
in thought so that as soon as these beliefs are turned into overt acts, and these overt acts would turn out to constitute as
elements of a particular crime, then this can no longer be invoked.

According to Father Bernas, "No man is to be interfered with because of his opinions, provided his avowal of them does not
disturb public order or established law."

2. What is involuntary servitude?

This means that no person can compel another to render services in his favor against his will.

3. What are the exceptions to the constitutional protection against involuntary servitude?
1.) Parental authority
2.) Posse Comitatus-power of the state to call all able-bodied citizens to render civil or military services especially in times of
war or any national emergencies.
3.) Labor as part of criminal penalty- Sec 18 par 2 states ‘except as a punishment for a crime whereof the party shall have
been duly convicted’.

In Criminal Law amending the RPC saying that those criminal offenses, the penalty of which like arresto menor (1 day to 1
month), they will not be imprisoned. Instead, they will be required to render community service and you cannot say no. Is
this involuntary servitude? No. This is the third exception: when the servitude is required as part of the criminal penalty.
Also, our law on juvenile delinquency. Particularly, CICL (Children in conflict with the law). Part of the legal effect here as
regards to CICL, they will be compelled to perform certain activities called diversionary activities to make them busy to
make them forget the bad side.

4.) Doctrine of Assumption of Jurisdiction (Labor relations)- Power of the President through the secretary of labor to
automatically assume jurisdiction over labor disputes in industries whose business is so impressed with public interest (the
conduct of industrial strikes). Ex. Davao Light, Public Utility Drivers, Aircraft Pilots

So once the secretary of Labor assumes jurisdiction, there will be twin effects:
1.) The striking workers will be compelled to return to work immediately.
Can the workers invoke this article? No. Corollarily, the management must admit all the returning striking workers.
2.) The dispute is automatically referred to compulsory arbitration to expedite everything.
Involuntary servitude has been outlawed by the Constitution since all civilized nations hate slavery. No one can be a slave to
another.