THE FILIPINO

CITIZENS
AND THEIR
RIGHTS
BILL OF RIGHTS (Article III)

--- statement and listing of an

individual’s rights and privileges
which the Constitution is designed to
safeguard against violations of the
government or by an individual or
groups of individuals.
CLASSIFICATION OF RIGHTS:
1. Natural Rights
2. Constitutional Rights
* Division of Constitutional Rights:
A. Political Rights
B. Civil Rights
C. Economic Rights
3. Statutory Rights
SECTION 1: 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 LAW
 PERSON
-natural (individual human being)
-juridical (public& private corporations
like partnerships)

• LIFE
-attributed to the physical and
existence of a human form

- Right to self-preservation &

determination; right to enrich one’s life
that are moral, legal and righteous
ways,
DEPRIVATION OF LIFE
- Loss of any of the various physical
and mental attributes which man
has to live with as human being

- * LIBERTY
- right to be free in the use of his
faculties in all lawful ways

- freedom of expression, speech and

travel
DEPRIVATION OF LIBERTY

-Prevention, suppression and

restriction of human freedom and
expression
1. A person afflicted with a communicable
disease; confined in a hospital

2. Criminal is punished with imprisonment

3. Restriction of liberty because of carrying

unlicensed firearms

4. Individuals are required first to pass the

corresponding government examination
before they may practice their professions

5. Person imprisoned without trial

6. Person forced to follow a particular religion

PROPERTY:
- Refer to a thing itself or the right
over the thing

- Right to own, use, transmit and

even destroy the property subject
to the right of the State and other
persons
- One’s employment is considered a
“property right”
DEPRIVATION OF PROPERTY:
- When the property is unlawfully
confiscated or when the exercise of
the right over the property is
unreasonably prevented
 DUE PROCESS OF LAW
- Fundamental principle of justice:

1. There must be a court with judicial

power to hear and decide the matter

2. Respondent must be given an

opportunity to be heard

3. Court must acquire lawful jurisdiction

over the person or the accused

4. Judgment must be rendered following

the trial
EQUAL PROTECTION OF THE LAW
- No person or class of persons shall
be denied the same protection of
the laws which is enjoyed by other
persons or other classes in the same
place and in like circumstances

- Prohibit undue favor to anyone,

special privilege for any individual
or class
 SECTION 2:

THE RIGHT OF THE PEOPLE TO BE SECURE IN THEIR

PERSONS, HOUSES, PAPERS AND EFFECTS
AGAINST UNREASONABLE SEARCHES AND
SEIZURES OF WHATEVER NATURE AND FOR ANY
PURPOSE SHALL BE INVIOLABLE, AND NO SEARCH
WARRANT OR WARRANT OF ARRREST SHALL ISSUE
EXCEPT UPON PROBABLE CAUSE TO BE
DETERMINED PERSONALLY BY THE JUDGE AFTER
EXAMINATION UNDER OATH OR AFFIRMATION OF
THE COMPLIANT AND THE WITNESS HE MAY
PRODUCE, AND PRACTICALLY DESCRIBING THE
PLACE TO BE SEARCHED AND THE PERSONS OR
THINGS TO BE SEIZED.
 Rights against unreasonable search,
seizure and arrest
 Houses: extend to the dwelling
place, office, storage, garage etc.
 Papers and effects: form of records
and documents like books, letters,
parcels etc.
 All searches and seizures effected
without a valid search warrant are
regarded unreasonable and illegal.
 Search Warrant:
- An order of writing signed by a judge
and directed to a peace officer
commanding him to search for certain
personal property and bring it before
the Court

*Warrant of Arrest:
-command in formal writing against a
person; to take him into the custody of
the law in order that he may be bound
to answer for the commission of an
offense
Probable Cause:
-signifies a reasonable ground for
suspicion supported by
circumstances sufficiently strong to
warrant a cautious man’s belief that
the person accused is guilty of an
offense.
- compelling belief which is refutable
in nature that a person may have
been directly or indirectly involved in
the commission of a crime.
 Circumstances when Warrant-less
Search and Seizure may be
effected:

1. When there exists consent or waiver.

2. When the search is incidental to a
lawful arrest….
3. For moving vehicles, which
appeared to be suspicious to be
containing unlawful goods kept
therein…..
4. Where the possession of the article
are prohibited by law and are
exposed to the naked eye and bare
hands….
 Circumstances for Warrant-less Arrest

1. When the person to be arrested is

Flagrante Delicto…
2. When the right has been voluntarily
waived
3. When the person to be arrested is a
prisoner who has escaped….
4. When the crime has been committed
and the peace officer/private person
has “personal knowledge” that the
suspect has actually committed it
5. Acts that are incidental to the
“operation of the law”….
May an accused refuse to
submit himself under a Lawful
arrest?
- It is not within his right to refuse
such arrest but he may opt to
object in the process of delay
the same upon reasonable
grounds, as when he insists the
presence of counsel before he
submits himself to the authority.
Section 3: The privacy of
communication and
correspondence shall be
inviolable except upon lawful
order of the court, or when public
safety or order requires otherwise
as provided by law.

 Right to privacy:
- Right of a person against
unwarranted publicity with which
the public is not generally
concerned
Basis and purpose of the right:
1. Right existing in the state of nature
- Right to live as one chooses under
the law, free from interference in
the pursuit of one’s choice

2. Right designed to secure

enjoyment of one’s private life
- Without this right, one cannot
possibly live in peace and with self-
respect and be truly happy
 Anti-Wire Tapping Law (RA 4200)

- Prohibits and penalizes wire-tapping

and other related violations of the
privacy of communication

- Unlawful for any person not being

authorized by all the parties to any
private communication to tap any
wire or cable to secretly overhear,
intercept or record such
communication
SECTION 4: NO LAW SHALL BE
PASSED ABRIDGING THE
FREEDOM OF SPEECH, OF
EXPRESSION, OR OF THE PRESS,
OR THE RIGHT OF THE PEOPLE
PEACEABLY TO ASSEMBLE AND
PETITION THE GOVERNMENT FOR
REDRESS OF GRIEVANCES
 Freedom of speech: liberty of a
person to speak out his mind freely
on any subject, without any
previous restraint, provided that he
should be responsible for its injurious
consequences

- Liberty should be exercised with

caution and just within the
parameters of the law, as to protect
the rights of another as well.
 Freedom of speech, of press and of
expression is not absolute since the
State limits the same in her exercise
of police power whose ends are to
promote peace, public morals, and
the common good of the people
 Freedom of the press:
- Applies to all kinds of publication:
books, magazines, periodicals,
pamphlets and leaflets
- Radio is included, television and
cinemas
- Freedom from subsequent liability,
freedom of circulation, right to
access to information of public
concern
 Statement or Publication Constitutes
Libel
- If it tends to harm the reputation of
another as to lower him in the
estimation of the community
- if it exposes a person to hatred,
ridicule, or contempt or if it causes
him to be avoided at and has a
tendency to injure him in his
profession
 Freedom to Assemble Peacefully

- Integral element in a democratic

society
- Everyone is guaranteed to form
association provided that it is not
intended to promote violence
 SECTION 5: 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.
 Religious freedom

- To protect the broadest possible

liberty of conscience, to allow each
man to believe as his conscience
directs, to profess his beliefs, and to
live as he believes he ought to live,
consistent with the liberty of others
and with the common good
 State cannot inquire into a person’s
religion or religious belief, or the lack
of it, or use it as a ground for
depriving him from the exercise of
his/her civil rights

 The State would not in any way

favor any religious sect. There shall
be no State religion.
 SECTION6: 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 THE
NATIONAL SECURITY, PUBLIC
SAFETY OR PUBLIC HEALTH AS
MAY BE PROVIDED BY LAW.
 Abode
- Refers to a place or domicile where
a person has established his
residence

• Travel
- Refers to act of mobility going in or
out of places where one pleases
 Is it right to prohibit a person who is
infected with AIDS virus to exercise
his right to travel?
- Yes!, because it affects the interest
of public health and safety

*The Constitution secures the freedom

of movement. Any person has the
right to move freely and to settle
anywhere in the Philippines.
 SECTION 7: THE RIGHT OF THE PEOPLE
TO INFORMATION 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
LIMITATION AS MAY BE PROVIDED BY
LAW.
Public concern

- Public may find some kind of interest

to know or to be acquainted with,
either the records affect their lives
directly, or simply as a result to arouse
community interest on the part of any
citizen.
Coverage of Information for
Public Consumption
1. The right to information covers all
public records and documents
2. Limited to Filipino citizens and
taxpayers
3. It is not absolute because the law
may provide some limitations as
stated above
SECTION 8: THE RIGHT OF THE
PEOPLE INCLUDING THOSE
EMPLOYED IN THE PUBLIC AND
PRIVATE SECTORS, TO FORM
UNIONS, ASSOCIATIONS, OR
SOCIETIES FOR PURPOSE NOT
CONTRARY TO LAW SHALL NOT
BE ABRIDGED.
 People can form labor unions,
cooperatives, civic organizations,
interest and pressure groups, and
other economic and social unions
which are peaceful, purposeful and
not contrary to law.
 Right to unionize: public and private
emloyees
SECTION9: PRIVATE PROPERTY
SHALL NOT BE TAKEN FOR
PUBLIC USE WITHOUT JUST
COMPENSATION
 Power
of the State to eminent
domain

- Private property may only be

acquired or taken by the
government for public use upon
payment of just compensation
4 essential elements in the valid
exercise of the power of Eminent
Domain:

1. The property expropriated must be

private
2. It must be used for public purpose
3. There must be just compensation
4. There must be due process in the
expropriation
 Public use:
- Idea of public utility: roads and
bridges, public enjoyment such as
parks and plazas and public service
such as public hospitals and
cemeteries

* Just compensation
- Refers to the fair and full equivalent of
the loss sustained meaning the market
value added by consequential
damages if any, minus the
consequential benefits if any.
SECTION 10: NO LAW
IMPAIRING THE OBLIGATION OF
CONTRACTS SHALL BE PASSED.
 OBLIGATION OF CONTRACT:

- Law or duty which binds the parties

to perform their agreement
according to its terms and conditions
if it is not contrary to laws, morals,
good customs, public order or public
policy.
 Scope of “law” and “contract”
1. Law- enactment is prohibited
which includes executive and
administrative orders of the
President, administrative orders
issued by department heads and
ordinances enacted by the local
government
2. Contract- includes contracts
entered by the government
 Purpose of non-impairment
prohibition

- Prohibition is intended to protect

creditors, to assure the fulfillment of
lawful promises and to guard the
integrity of contractual obligation
 Freedom to contract not absolute

- Necessary limited by the exercise of

the police power of the State in the
interest of general welfare and
promotion of social justice
SECTION 11: FREE ACCESS TO
THE COURTS AND QUASI-
JUDICIAL BODIES AND
ADEQUATE LEGAL ASSISTANCE
SHALL NOT BE DENIED TO ANY
PERSON BY REASON OF
POVERTY
• Constitutional rights of the accused in
criminal cases

1. The right to adequate legal assistance

2. The right when under investigation for the
commission of an offense, to be informed of
his right to remain silent and to have
counsel
3. The right against the use of torture, force,
violence, threat, intimidation or any other
means which vitiates the free will
4. The right against being held in secret or
similar forms of solitary detention
5. The right to bail and against excessive
bail
6. The right to due process of law
7. The right to presumption of innocence
8. The right to be heard by himself and counsel
9. The right to be informed of the nature and
cause of accusation against him
10. The right to have speedy, impartial, and
public trial
11. The right to meet the witnesses face to face
12. The right to have compulsory process to
secure the attendance of witnesses and the
production of evidence in his behalf
13. The right against self-incrimination
14. The right against detention by reason of
political beliefs and aspirations
15. The right against excessive fines
16. The right against cruel, degrading or
inhuman punishment
17. The right against infliction of the death
penalty except for heinous crimes
18. The right against double jeopardy
 Reason for constitutional safeguards:

1. A criminal case, an unequal contest:

every criminal case is a contest
between an individual and the
government
2. Criminal accusation, a very serious
matter
3. Protection of innocent, the
underlying purpose: the acquittal of
the innocent is given more
importance than the conviction of
the criminal
 Right
to free access to the courts
and quasi-judicial bodies

- Such guarantees are useless if

persons are prevented from going to
courts on account of their poverty:
low-paid employees, domestic
servants, laborers with small salaries &
wages
 Right to adequate legal assistance

- Given to citizens when by reason of

indigence or lack of financial means
are unable to engage the services of
a lawyer to defend them to enforce
their rights in civil, administrative or
criminal cases
 SECTION 12. (1) 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 A
COMPETENT AND INDEPENDENT
COUNSEL PREFERABLY OF HIS OWN
CHOICE. IF THE PERSON CANNOT
AFFORD THE SERVICES OF COUNSEL, HE
MUST BE PROVIDED WITH ONE. THE
RIGHTS CANNOT BE WAIVED EXCEPT IN
WRITING AND IN THE PRESENCE OF THE
COUNSEL.
 (2) NO TORTURE, FORCE, VIOLENCE, THREAT,
INTIMIDATION, OR ANY OTHER MEANS WHICH
VITIATE THE FREE WILL SHALL BE USED AGAINST
HIM. SECRET DETENTION PLACES, SOLITARY OR
OTHER SIMILAR FORMS OF DETENTION ARE
PROHIBITED.
 (3) ANY CONFESSION OR ADMISSION
OBTAINED IN VIOLATION OF THIS OR SECTION
17 HEREOF SHALL BE INADMISSIBLE IN
EVIDENCE AGAINST HIM
 (4) THE LAW SHALL PROVIDE FOR PENAL AND
CIVIL SANCTIONS FOR VIOLATIONS OF THIS
SECTION AS WELL AS THE COMPENSATION TO
AND REHABILITATION OF VICTIMS OF TORTURE
OR SIMILAR PRACTICES, AND THEIR FAMILIES
 SECTION 13: 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 WRIT OF
HABEAS CORPUS IS SUSPENDED.
 Bail
- Security required by a court and given
for the provisional or temporary
release of a person who is in the
custody of the law conditioned upon
the appearance before any court
- Purpose and form of bail
- 1. To relieve an accused from
imprisonment until his conviction and
yet secure his appearance from the
trial
- 2. It may be in the form of cash
deposit, property bond, bond secured
from a surety company, or
recognizance
 Who may not invoke the Right to Bail:

1. The applicant is not yet in custody of

the law…..
2. Not available to one charged with
capital offense or an offense
punishable by reclusion perpetua, life
imprisonment or death if the
evidence of guilt is strong
3. No bail shall be allowed after the
judgement has become final or after
the accused has commenced to
serve sentence
 Privilegeof the writ of habeas corpus
-order from the court to release an
individual if it finds his detention without
legal cause or authority

Excessive bail prohibited:

- The judge has to take into account
what’s the nature of an offense, the
penalty which the law attaches to it, the
probability of the guilt
 SECTION 14. (1) NO PERSON SHALL BE
HELD TO ANSWER FOR A CRIMINAL
OFFENSE WITHOUT DUE PROCESS OF LAW
(2) IN ALL CRIMINAL PROSECUTIONS, THE
ACCUSED SHALL BE PRESUMED INNOCENT
UNTIL THE CONTRARY IS PROVED, AND
SHALL ENJOY THE RIGHT TO BE HEARD BY
HIMSELF AND THE COUNSEL, TO BE
INFORMED IF THE NATURE AND CAUSE OF
THE ACCUSATION AGAINST HIM, TO HAVE
A SPEEDY, IMPARTIAL, AND PUBLIC TRIAL,
TO MEET THE WITNESSES FACE TO FACE,
AND TO HAVE A COMPULSORY PROCESS
TO SECURE THE ATTENDANCE OF
WITNESSES AND THE PRODUCTION OF
EVIDENCE IN HIS BEHALF. HOWEVER,
AFTER THE ARRAIGNMENT, TRIAL MAY
PROCEED NOTWITHSTANDING THE
ABSENCE OF THE ACCUSED PROVIDED
THAT HE HAS BEEN DULY NOTIFIED AND
HIS FAILURE TO APPEAR IS UNJUSTIFIABLE.
*RIGHT TO DUE PROCESS OF LAW IN CRIMINAL
CASES:

1. Due process in its procedural aspect:

- Tried before a competent jurisdiction
- Given a fair and impartial trial
- Allowed to use all legal means and
opportunity to defend himself
- The judgement must be within the authority
of a valid law

2. Observance of fundamental fairness

 Right to presumption of innocence:

1. A safeguard against false

conviction…..

2. Requirement of proof of guilt

beyond reasonable doubt….
 Right
to be heard by himself and the
counsel

-In all criminal prosecutions, the

defendant shall be entitled to defend
in person and by counsel at every
stage of the proceedings.
-The accused must be present at the
arraignment and must personally
enter his plea…..
  Meaning and purpose of
arraignment
- The accused for the first time is
granted the opportunity to know
the precise charge that confronts
him
- Asked to enter a plea of guilty or
not guilty
 Right to confrontation of witnesses:

1. Cross-examination of witnesses by
the accused to test their
recollection and veracity
2. Assessment by the Court of
witness’ credibility…
 Right
to compulsory production of
witnesses and evidence

- The accused has the right to have

compulsory process issued to secure
the attendance of witnesses and the
production of evidence in his
behalf…
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

- An order issued by a court of

competent jurisdiction, to a prison
official ordering that an inmate be
brought to the court so it can be
determined whether or not that
person is imprisoned lawfully and
whether or not he should be released
from custody.
 Purpose of the writ:

- Proper remedy in each and every

case of detention without legal
cause or authority

- Principal purpose is to set the

individual at liberty if such restraint is
found illegal
 SECTION 16: ALL PERSONS SHALL
HAVE THE RIGHT TO SPEEDY
DISPOSITION OF THEIR CASES BEFORE
ALL JUDICIAL, QUASI-JUDICIAL, OR
ADMINISTRATIVE BODIES….

 Importance of right: “Justice

delayed is justice denied”
SECTION 17: NO PERSON SHALL
BE COMPELLED TO BE A WITNESS
AGAINST HIMSELF
 Thisis a protection against self-
incrimination

-enables a defendant to refuse

to testify at a criminal trial and "privileges him
not to answer official questions put to him in
any other proceeding, civil or criminal, formal
or informal, where the answers might
incriminate him in future criminal
proceedings"
 Compulsory testimonial self-
incrimination

-a form of testimony which is

prohibited
- Extricating from defendant’s own
lips, against his will, an admission of
his guilt….
  Instanceswhere testimonial
compulsion is not violated:

1. Compelled to place his foot on a

piece of paper to secure his footprint
2. Compelled to be photographed or
to remove his garments and shoes
3. Where a woman accused of
adultery is compelled to permit her
body to be examined by physicians
to determine if she is pregnant
SECTION 18.(1) NO PERSON
SHALL BE DETAINED SOLELY BY
REASON OF HIS POLITICAL
BELIEFS AND ASPIRATIONS

(2) NO INVOLUNTARY SERVITUDE

IN ANY FORM SHALL EXIST AS A
PUNISHMENT FOR A CRIME
WHEREOF THE PARTY SHALL HAVE
BEEN DULY CONVICTED
 Right against detention solely by
reason of political beliefs and
aspirations

1. Incarceration without charges of

“political prisoners”…

2. Prohibition a guarantee against

“prisoners of conscience”…
 Meaning of involuntary servitude

- Condition of enforced, compulsory

service of one to another
- It includes slavery and peonage

 Basis and purpose of prohobition

1. Value accorded to the human dignity

in a democratic and free society
2. To maintain a system of completely
free and voluntary labor
 Exceptions to prohibition:

1. When imposed as a punishment

for a crime

2. When personal military or civil

service is required

3. When there is proper exercise of

the police power of the State
 SECTION 19. (1) EXCESSIVE FINES SHALL NOT
BE IMPOSED, NOR CRUEL, DEGRADING OR
INHUMAN PUNISHMENT INLICTED. 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.
(2) 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 LAW.
SECTION 20: NO PERSON SHALL
BE IMPRISONED FOR DEBT OR
NON-PAYMENT OF A POLL TAX
 Debt
- Any liability to pay money arising out of a
contract, express or implied

Basis and purpose of prohibition against

imprisonment

-one should not be punished on account of

his poverty

- Seeks to prevent the use of the power of

the State to coerce the payments of debts
 Meaning of poll tax
- Tax of a fixed amount imposed on
individuals residing within a territory
-community tax (cedula)

Violations other than non-payment of

the community tax: falsification of
the Community tax certificate
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
 Right against double jeopardy

- When a person is charged with an

offense and the case is terminated
either by acquittal or conviction or in
any other matter without the express
consent of an accused, the latter
cannot again be charged with the
same or identical offense
 Existence of double jeopardy

1. He has been previously brought to

trial
2. In a court of competent jurisdiction
3. Under a valid complaint or
information
4. He has been arraigned
5. He has been convicted or acquitted
or the case against him has been
dismissed or otherwise terminated
without his express consent
6. He is being charged again for the
same offense
 SECTION22: NO EX POST FACTO
LAW OR BILL OF ATTAINDER SHALL BE
ENACTED
 Meaning of ex post facto law
1. Makes an act done before the passage of a law
2. Aggravates a crime or makes it greater than
when it was committed
3. Changes the punishment and inflicts a greater
punishment
4. Alters the legal rules of evidence and receives
less testimony or different testimony from what
the law required at the time of the commission
of the offense

Note: Ex post facto laws are absolutely prohibited

unless they are favorable to the accused
 Bill of attainder
- Legislative act which inflicts
punishment without a judicial trial

The prohibition against the enactment

of bills of attainder is designed as a
general safeguard against legislative
exercise of the judicial function, trial
by legislature