SIMILARITIES
1. They are inherent powers of the State and may be
exercised by it without need of express constitutional
grant
2. They are not only necessary but also indispensable.
The State cannot contribute or be effective unless it is
able to exercise them
3. They are methods by which the State interferes with
private rights
4. They all presupposes an equivalent compensation
for the private rights interfered with
5. They are exercised primarily by the legislature
DIFFERENCES
1. The police power regulates both liberty and
property. The power of eminent domain and the power
of taxation affect only property rights
2. The police power and the power of taxation may be
exercised only by the government. The power of
eminent domain may be exercised by some private
entities
3. The property taken in the exercise of the police
power is destroyed because it is noxious or intended
for a noxious purpose. The property taken under the
power of eminent domain and the power of taxation is
intended for a public use or purpose and is therefore
wholesome
4. The compensation of the person subjected to the
police power is the intangible altruistic feeling that he
has contributed to the general welfare. The
compensation involved in the other powers is more
concrete, to wit, a full and fair equivalent of the
property expropriated or protection and public
improvements for taxes paid
POLICE POWER
DEFINITION
-The power of the State to regulate liberty and
property for the promotion of the general welfare.
CHARACTERISTICS
-Characteristics are (1) most pervasive, (2) least
limitable, (3) most demanding, (4) cannot be bargained
away by a medium of a contract or treaty, and (5)
dynamic
TAXATION AND EMINENT DOMAIN
-May use the power of eminent domain and taxation as
an implement for the attainment of a legitimate police
objective.
-This is the only instance when Police Power may take
a property which is not noxious and is not destroyed
WHO CAN EXERCISE
-Primarily exercised by the legislature
- However, it may be delegated to other government
bodies such as the LGUs through the Local
Government Code by means of enacting ordinances
-The requisites of a valid ordinance are (1) must not
contravene the Constitution, (2) must not contravene
any law, (3) must only be within the jurisdiction of the
LGU, (4) must not be oppressive, (5) must not be
unreasonable, (6) must only regulate and not prohibit
trade, (7) must be general in application
- The exercise of Police Power is discretionary upon
the body who has the power to exercise it. The
exercise of such cannot be compelled through a court
order. The remedy is to resort to the bar of public
opinion. However, the courts can nullify such act if it
is exercised unlawfully. Political v. Justiciable
Questions
REQUISITES
- The requisites for a valid exercise of Police Power
are (1) lawful subject and (2) lawful means.
-Lawful subject means that the purpose of the exercise
of Police Power must be the promotion of the public
interest generally as distinguished from those of a
particular class while
-Lawful means implies that the means employed must
be reasonably necessary for the accomplishment of the
purpose and not unduly oppressive upon individuals
EMINENT DOMAIN
DEFINITION
-The power of the State to take private property for public use upon payment of just compensation. It is a coercive power
-However, before the State can exercise this power, it must first try to negotiate with the property owner for a voluntary
sale of such property. If the property owner agrees, there is no need to exercise the Power of Eminent Domain
WHO CAN EXERCISE
- Primarily lodged in Congress
-May be validly delegated to the President, LGUs, public corporations like the NHA and quasi public corporations like the
NPC, MERALCO, VECO, MCWD, and etc. which are private entities. But this can only be done if there is a valid
delegation of such through a law. Without any law, they cannot exercise this power
REQUISITES
- (1) Necessity of taking and it must be in strict constitutional sense, (2) what is taken is a private property, (3) property
taken must be for public use, (4) there should be payment of just compensation, and (5) there is observance of due process
meaning prior notice and hearing
(1) TAKING
-Taking must be impelled with necessity
-If exercised by Congress, the issue of its necessity is not open for judicial review. The courts cannot be resorted to
question the necessity of taking. It is a political question and not justiciable. However, if there is grave abuse of discretion
by Congress, the courts may review such
-If exercised by a delegate of Congress, the issue of its necessity is now open for judicial review
- Taking must also be in strict constitutional sense. In Republic v. Castelvi, the requisites of taking are (1) the expropriator
must enter a private property, (2) the entry must be for more than a momentary period, (3) the entry must be under warrant
or color of legal authority, (4) the property must be devoted to public use or otherwise informally appropriated or
injuriously affected, and (5) the utilization of the property for public use must be in such a way as to oust the owner or
deprive him of beneficial enjoyment of the property.
- Actual physical dispossession is not required, it is sufficient if the owner is deprived of the beneficial enjoyment of the
property or if he is burdened
- However, not all taking of private property is compensable. This is called Damnum Absque Injuria. This happens when
the taking is pursuant to the Police Power or to the principle of destruction by necessity under Art. 432 of the Civil Code.
In destruction by necessity, the aggrieved property owner can demand payment from those who benefited and not from the
State.
-If the burden is shared equally by the members of the community, it is not considered taking under Eminent Domain.
Thus, there is no payment of just compensation. It is also Damnum Absque Injuria. However, if there is one person who
suffered more, it is otherwise.
(2) PRIVATE PROPERTY
- May be real, personal, tangible, or intangible. Includes services and churches
- Money cannot be expropriated because of absurdity. Chooses of action cannot also be expropriated like one’s right to
collect the debt of his debtor
- If the private property is already used for public use, it can still be expropriated by the State if directly done by Congress
or if done by a delegate when there is a specific grant of authority
(3) PUBLIC USE
- Public use means that the converted property is directly available to the general public as a matter of right or redounds to
their indirect advantage or benefit.
- Synonymous with public welfare, public interest, public health, and public safety.
- Still public use even if it is not for free and even if not everyone can avail or make use of the property
-In Lagcao v. Labra and City of Mandaluyong v. Francisco, the SC held that if the public use of the Eminent Domain is for
resettlement or socialized housing, the State must strictly comply with the provisions of RA 7279 wherein private property
is the last in order in the priority of the acquisition of lands and that the Power of Eminent Domain must be resorted to as a
last recourse. Moreover, RA 7279 mandates that the rights of small-property owners must be respected
-Abandonment by the State of the public use of the property entitles the property owner to file a case for recovery of the
expropriated property but should return the just compensation received with legal interest from his default. If the State
uses such property for another public purpose, the property owner can file an injunction against State and recover such
expropriated property. The State may then later institute another expropriation case for such same property for the new
public use. See. MCIAA v. Lozada
(4) JUST COMPENSATION
- It is equated with fair market value. In NPC v. Henson, the SC held that fair market value is a sum of money which a
person desirous but not compelled to sell and another person willing but not compelled to buy a property would agree on
as a price for that particular property
- Upon filing of the expropriation case, the expropriator is required to deposit an amount which is equivalent to the full
assessed value of the property as appearing in the tax declaration in order for the court to issue a writ of possession
allowing the expropriator to take actual possession of the property during the pendency of the case. But if the expropriator
is an LGU, the amount deposited is only 15% of the assessed value of the property. If the expropriation is an
implementation of a national infrastructure project, what needs to be done is not a deposit but payment of BIR zonal
valuation of the property. This amount deposited or paid is NOT the just compensation.
- In determining the fair market value or the just compensation, the following circumstances are considered, (1) the
acquisition cost of the property, (2) the actual value of similar properties, (3) the actual use of properties concerned, (4) the
shape, location, and size of the property
- If what is expropriated is only a portion of the property, the formula is: Fair Market Value + (Consequential Loss –
Consequential Benefits) = Just Compensation. However, this formula only applies if the Consequential Loss is greater
than the Consequential Benefits. Otherwise, the amount of just compensation is merely the Fair Market Value.
-The courts have the final determination of the amount of just compensation. See EPZA v. Dulay. The proper court is the
RTC regardless of the amount of the expropriated property. A Board of Commissioners of 3 members will also be
constituted to determine the just compensation for recommendation to the court. One will be appointed by the
expropriator, one by the property owner, and the other one by the court who will be the chairman. The constitution of the
Board is mandatory except when (1) there is no issue in the valuation of the property and (2) in agrarian cases. The Board
is mandated to conduct a hearing where the parties are heard and allowed to submit their respective manifestations
regarding the valuation of the property. The Board may also conduct an ocular inspection.
 TAXATION (4) JUST COMPENSATION
-The court is not duty-bound to accept the valuation of the property as fixed by the Board especially if the
DEFINITION valuation of the Board is illegal, grossly excessive, ridiculous, or very low.
- Power of the State to demand from the members of society their -The reckoning point in the computation of the just compensation is the date of taking or the date of filing
proportionate share or contribution in the maintenance and operations of the expropriation case, whichever is earlier. However, if the expropriator is an LGU, the reckoning
of the government. A tax is an enforced proportional pecuniary point is always the date of taking even if the date of filing of the expropriation case is earlier. See City of
contribution from persons and property levied by the state by virtue of Cebu v. Dedano
its sovereignty, for the support of the government and for all public - Legal interest is imposed at 6% per annum
needs - It is paid in the form of money either in cash or check. But if the taking is due to CARP, payment of just
compensation may be through cash bonds
CHARACTERISTICS OR NATURE - The owner and other persons who have interest on the expropriated property such as a lessee or a vendee
- (1) Inherent, (2) legislative, and (3) constitutionally limited of an executory contract of sale are entitled to just compensation
- If the State takes private property without an expropriation proceeding and without payment of just
ATTRIBUTES OF TAXATION compensation, the remedy of the property owner is to file for collection of just compensation and not
- (1) Enforced contribution, (2) personal contribution which is based on recovery of the property. The defense by the State of immunity from suit cannot be availed of. See
one’s ability to pay, (3) a pecuniary burden payable in money (4) Amicable v. Cuenca and Delos Santos v. IAC. Such action would not prescribe. See Spouses Campos v.
imposed on persons and property, (4) imposed by the State, (5) NPC
- If there is an expropriation proceeding and the State fails to pay the just compensation after 5 years from
normally exercised by the lawmaking body of the State concerned and
the time of the finality of the expropriation case, the property owner can file a recovery of the expropriated
(6) it is levied for public purpose as taxation itself involves a burden to property but should return any just compensation received with legal interest from his default. Prior to
provide revenue for public purposes of a general nature. such 5 year period, he can only ask for payment of just compensation through a writ of execution of
judgment and not recovery of the property. See Republic v. Lim
PURPOSES - It is only upon full payment of just compensation by which there is transfer of ownership of the property
- (1) To raise revenues for taxes are the life-blood of the State, (2) to the State. See Republic v. Salem Investment. However, in agrarian cases, the title of the property is
imposed for a regulatory purpose as for example, in the promotion, already transferred to the farmers even if there is as yet no full payment of just compensation.
rehabilitation, and stabilization of industry which is affected with public
interest, (3) promotion of general welfare, (4) reduction of social DUAL ASPECT:
inequality, (5) promote economic growth, and (6) protectionism.
-If the purpose of the tax is primarily for regulation, the tax is pursuant 1. SUBSTANTIVE DUE PROCESS
to the Police Power. If primarily for raising revenue, it is pursuant to the -Which refers to the intrinsic validity of the law or act.
Power of Taxation Requirements are (1) valid governmental objective and
(2) be pursued in a lawful manner or the means employed
INHERENT LIMITATIONS must be reasonably related to the accomplishment of the
- (1) Public purpose, (2) legislative but may be delegated which is purpose and not unduly oppressive
primarily exercised by the BIR, (3) government properties are exempt
except if such are transferred to a taxable person, (4) international 2. PROCEDURAL DUE PROCESS
committees are exempt, and (5) territorial -Which hears before it condemns, proceeds upon inquiry
and renders judgment only after trial
CONSTITUTIONAL LIMITATIONS -Cardinal requirements are (1) notice and (2) hearing
- (1) Art. III, Sec. 1, (2) Sec. 5, (3) Sec. 10, (4) Sec. 20, (5) Art. VI, Sec. 26, (6)
Sec. 28, par. 3, (7) Sec. 28, par. 4, (8) Sec 29, par. 2, (9) Sec. 29, par.3, (10) Art. -The requisites in judicial due process are (1) there must
VIII, Sec. 2 in conjunction to Sec. 5, (11) Art. XIV, Sec. 4, par. 3, (12) par. 4
-Anything that can be an impartial court or tribunal clothed with judicial
come under the right of power to hear and determine the matter before it, (2)
ownership and be the jurisdiction must be lawfully acquired over the person of
ARTICLE III subject of contracts the defendant and over the property which is the subject
Both natural and -May be real, personal, matter of the proceeding, (3) the defendant must be given
artificial persons
BILL OF RIGHTS tangible, or intangible an opportunity to be heard but this may be only
but the latter is The physical The freedom to -Public office, subsequent, dispensed by reason of public policy and a
only with regard body and its do right and privilege, and franchise trial-type hearing is not always required, and (4)
to their properties enjoyment never wrong are not included judgment must be rendered upon lawful hearing
-A preliminary investigation is necessary when the
Section 1. No person shall be deprived of life, liberty, or property without due process of law, imposable penalty is above 4 years, 2 months, and 1 day
-The requisites in administrative due process are (1) the
nor shall any person be denied the equal protection of the laws. right to a hearing, which includes the right to present
Their evidence must be Both natural and one’s case and submit evidence in support thereof, (2) the
based on their own personal artificial persons but the Both natural and juridical persons but tribunal must consider the evidence presented, (3) the
knowledge and not on mere latter is only with regard the later is excluding their persons decision must have something to support itself, (4) the
information or belief to their properties evidence must be substantial, (5) the decision must be
Section 2. The right of the people to be secure in their persons, houses, papers, and effects rendered on the evidence presented at the hearing, or at
least contained in the record and disclosed to the parties
against unreasonable searches and seizures of whatever nature and for any purpose shall be affected, (6) the tribunal or body or any of its judges must
act on its or his own independent consideration of the law
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause and facts of the controversy and not simply accept the
views of a subordinate in arriving at a decision, (7) the
to be determined personally by the judge after examination under oath or affirmation of the board or body should, in all controversial questions,
render its decision in such a manner that the parties to the
complainant and the witnesses he may produce, and particularly describing the place to be proceeding can know the various issues involved, and the
reason of the decision rendered
searched and the persons or things to be seized.
-Persons are generally -Judge of all -Such facts and -All persons or things similarly
-Warrantless arrest are (1) when such person has in circumstances situated should be treated alike,
identified by name. levels
fact just committed, is actually committing, or is antecedent to the both as to rights conferred and
Otherwise, it is a John -Warrant of arrest
attempting to commit an offense in his presence, issuance of the warrant responsibilities imposed
Doe warrant. Except may be issued by
(2) when an offense has in fact just been committed that in themselves are -Requirements of a valid
if there are some administrative
and he has personal knowledge of facts indicating sufficient to induce a classification are (1) it must be
decriptio personae authorities only
that the person to be arrested has committed it, (3)
that Section
will enable3.the for the purpose of
when the person to be arrested is a prisoner who
cautious man to rely on based upon substantial
officer to identify the carrying out a them and act in distinction, (2) it must be
has escaped either detainee or convict, (4) consent pursuance thereof germane to the purposes of law,
accused final finding of a
-Things are not violation of law -Search warrant must (3) it must not be limited to
-Warrantless search are (1) consent, (2) stop and refer to only one existing conditions only, and (4)
required to be -Determination is
frisk, (3) incidental to a lawful arrest, (4) plain specific offense. it must apply equally to all
technically described only personal in
view, (5) moving vehicles, (6) customs searches on Otherwise, it is a members of the class
but must be related to search warrants
vessels and aircrafts (7) inspection of buildings and scatter shot warrant
the crime not in warrants of
other premises for enforcement of fire, sanitary,
arrest
and building regulations, and (8) emergency search
 -Eavesdropping on private
conversation through the use of -Same requirements as to the -Fruit of the poisonous tree doctrine except (1) if
electronic gadgets is prohibited. issuance of the warrant the accused failed to object during arraignment,
See Anti Wire Tapping Act -Valid for 60 days (2) illegal search was done by a private
-Includes letters and sealed -See also Anti Wire Tapping Act individual, and (3) it is used against the violator
packages in the mails -However, if it is in violation of the Anti Wire
1. The privacy of communication and correspondence shall be inviolable except upon Tapping Act, it is inadmissible even if done by a
private individual
lawful order of the court, or when public safety or order requires otherwise, as
-Only refers to discussion of matters affecting the
prescribed by law. Those affecting national interest public interest. Includes criticism of official conduct in
their official capacity. But criticism of judicial officers
2. Any evidence obtained in violation of this or the preceding section shall be is restrictive especially to pending cases. Purely private
matters are not included. See also Sec. 18 (1)
inadmissible for any purpose in any proceeding. -Art v. obscenity
-Elements are (1) freedom from previous restraint or
censorship and (2) freedom from subsequent
punishment
-Limitations are (1) clear and present danger rule, (2)
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the dangerous tendency doctrine, and (3) balancing of
interest test
press, or the right of the people peaceably to assemble and petition the government for redress
-A permit for the holding of a public assembly shall not
of grievances. -Any specific system of belief, worship, conduct, etc. be necessary when the meeting is to be held in a (1)
often involving a code of ethics and a philosophy private place, (2) in the campus of a government-owned
-Not necessarily existence of God and operated educational institution, or in (3) a freedom
-Includes doubt, agnosticism, and atheism park or public plaza if there’s no such park. See BP 880
-If a permit is required, it may be denied upon clear and
convincing evidence that the public assembly will create
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the a clear and present danger to public order, safety,
free exercise thereof. The free exercise and enjoyment of religious profession and worship, convenience, morals, or health

without discrimination or preference, shall forever be allowed. No religious test shall be -Separation of church and state. See Art. II, Sec. 6
-Connotes sponsorship, financial support, and active
required for the exercise of civil or political rights. involvement of the sovereign in religious activity
-The government must be neutral, and while
Right to choose protecting all it prefers none, and it disparages none
Leave it whenever Travel wherever -See also Art. VI, Sec. 28, 29
one’s residence he pleases he wills

Section 6. The liberty of abode and of changing the same within the limits prescribed by law Dual aspect:
1. The freedom to believe is absolute as long as it is
shall not be impaired except upon lawful order of the court. Neither shall the right to travel be within the realm of thought
2. The freedom to act on one’s belief is subject to
impaired except in the interest of national security, public safety, or public health, as may be regulation where belief is translated into external acts
affecting public welfare. Regulated when (1) violative of
provided by law. Such as war, Such as epidemic, the laws and (2) there is clear and present danger.
hostile countries contagious disease, outbreak Approaches are (1) benevolent neutrality, (2) strict
neutrality, or (3) compelling state interest. Determined by
the test of reasonableness

Section 7. The right of the people to information on matters of public concern shall be Exceptions:
1. National security matters
recognized. Access to official records, and to documents and papers pertaining to official acts, 2. Intelligence information
3. Trade secrets
transactions, or decisions, as well as to government research data used as basis for policy 4. Banking transactions
5. Criminal matters
development, shall be afforded the citizen, subject to such limitations as may be provided by 6. Cases involving minors
Includes the right not to associate. However, a closed- 7. Other confidential information
law.
shop agreement wherein an employee is automatically a
member of an employee union is valid unless the
employee is a member of a religious organization which
prohibits the joining of such closed-shop agreement

Section 8. The right of the people, including those employed in the public and private sectors,
to form unions, associations, or societies for purposes not contrary to law shall not be
abridged.
See eminent
domain above

Section 9. Private property shall not be taken for public use without just compensation.
 -Anything that diminishes the efficacy of the contract
Excludes judicial regardless of the degree of diminution
decisions of courts and -Limitations are the inherent powers of the State
adjudications of The law or duty which binds the parties to perform their
administrative bodies undertaking or agreement according to its terms and
intent
Section 10. No law impairing the obligation of contracts shall be passed.
-Any lawful agreement on property or property rights,
Such as free legal services of whether real or personal, tangible or intangible
the IBP, DOJ, and other -Includes franchises but excludes licenses, marriage
private law offices contract, public office
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. -Custodial investigation or any questioning initiated by
law enforcement officers after a person has been taken
-Rights under custodial into custody or otherwise deprived of his freedom of
investigation which is commonly action in any significant way
called as Miranda Rights -A spontaneous and voluntary confession is not done
Section 12. -See also RA 7438 under custodial investigation
-Any confession to a private individual is not done under
1. Any person under investigation for the commission of an offense shall have the right custodial investigation even if there is an interrogation
- A person included in a police line-up cannot be
to be informed of his right to remain silent and to have competent and independent considered as under custodial investigation. However, if
the police line-up had already become accusatorial and
counsel preferably of his own choice. If the person cannot afford the services of not only inquisitorial, then such police line-up will
deemed as a custodial investigation
counsel, he must be provided with one. These rights cannot be waived except in
The counsel must sign into the written waiver The interrogating officer must not merely
writing and in the presence of counsel. inform the accused but also see to it that
he had fully and fairly understand the
2. No torture, force, violence, threat, intimidation, or any other means which vitiate the
significance of these rights
free will shall be used against him. Secret detention places, solitary, incommunicado,
-Moreover, an extrajudicial confession during custodial
or other similar forms of detention are prohibited. investigation, to be admissible, must be; (1) in writing,
(2) signed by the accused, and (3) it must be attested by
3. Any confession or admission obtained in violation of this or Section 17 hereof shall the counsel. However, if the right to competent and
independent counsel is waived, it must be attested to by
be inadmissible in evidence against him. See RA 7309
any of his parents, elder brothers or sisters, spouse,
4. The law shall provide for penal and civil sanctions for violations of this Section as municipal mayor, municipal judge, school district
supervisor, priest, or minister as chosen by the accused
well as compensation to the rehabilitation of victims of torture or similar practices, -The accused must make a timely objection in order for
such extrajudicial confessions to be inadmissible as
and their families. evidence

Includes any person who

Maybe in the form of cash,
is in custody of the law
surety, property, or recognizance
and not yet charged
Section 13. All persons, except those charged with offenses punishable by reclusion perpetua
Bail may be a matter or right or a matter of
when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or discretion. It becomes a matter of discretion
when the case is already appealed in the CA
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. - It is the prosecutor who recommends the amount of bail.
-It is the responsibility of the However, the court is not bound to accept such
prosecution to establish the defendant’s recommendation. The court has the sole jurisdiction to
guilt beyond reasonable doubt increase or decrease such amount of bail
-Conviction will depend not on the
weakness of his defense but on the
Section 14. strength of the prosecution
-Restricted to criminal due process which requires that
1. No person shall be held to answer for a criminal offense without due process of law. the accused be tried by an impartial and competent court
in accordance with the procedure prescribed by law and
2. In all criminal prosecutions, the accused shall be presumed innocent until the with proper observance of all the rights accorded him
under the Constitution and the applicable statutes
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be -v. Sec. 1
informed of the nature and cause of the accusation against him, to have a speedy,
-Right to assistance of counsel
-The description and not the designation of the offense -Begins during custodial investigation. See Sec. 12
Already implicit
is controlling. Hence, even if there be an erroneous -If he cannot afford one, a counsel de officio shall
in Sec. 1 on due
designation, the accused may be validly convicted of be appointed for him who must exert his utmost
process
the crime described in the information efforts as if he were representing a paying client
-Violated if the statute punishing is void for vagueness -Assistance of counsel during trial is not subject to
-Happens during arraignment waiver v. during custodial investigation
 -Through a subpoena and
-Right to confrontation subpoena duces tecum
-Includes cross-examination -Failure to obey such order is
punishable by contempt of court
impartial, and public trial, to meet the witnesses face to face, and to have compulsory
The judge
must also process to secure the attendance of witnesses and the production of evidence in his
appear to
be behalf. However, after arraignment, trial may proceed notwithstanding the absence
impartial
of the accused: Provided, that he has been duly notified and his failure to appear is
unjustifiable. Trial in absentia

-See Art. VII, Sec. 18

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.
-See Sec. 14 (2), Art. VIII,
Sec. 5 (1), (5), Sec. 15, Art.
IX-A, Sec. 7

Section 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies. -Right against self-incrimination. This invoked by the accused by not
taking the witness stand
-Also available in civil, administrative, and other government
proceedings. Also applies to other witnesses. But in such cases, this
right is only invoked when an incriminating question is already asked
-Does not apply to purely mechanical acts without use of intelligence
Section 17. No person shall be compelled to be a witness against himself. such as to submit to a physical examination of his body
-May be waived, either directly or by a failure to invoke it, provided
the waiver is certain and unequivocal and intelligently,
See Sec. 4 on understandingly, and willingly made
freedom of
Section 18. expression
-The condition of one who is compelled by force,
coercion, or imprisonment and against his will, to
1. No person shall be detained solely by reason of his political beliefs and aspirations. labor for another, whether he is paid or not
-Includes slavery and peonage
2. No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted. -Also defense of State. See Art. II, Sec. 4
-Naval enlistment
-Posse comitatus for the apprehension of criminals
Refers to inhuman, cruel, barbarous and -Reinstatement of strikers in a labor case
Imposed to shocking to the conscience such as the
both legislator -Patria Potestas to minors
garrote, thumbscrew, rack, burning at the
Section 19. and judge stake, crucifixion, torture, and whipping

1. 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, 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 by law. Responsibility of the
Commission on Human Rights

-A specific sum levied upon every person belonging

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax. to a certain class without regard to his property or
-Any civil obligation arising from contract, occupation. It is called as cedula
expressed or implied -But non-payment of other taxes is tax evasion
-But may be imprisoned for estafa through fraud which is a crime. v. tax avoidance
 Allowed under the doctrine of supervening event when a
subsequent development changes the character of the first
indictment under which he may have already been charged
or convicted. It must occur or known to the prosecutor
after arraignment when the accused entered his plea
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.
A legislative act that inflicts punishment without a
trial, its essence being the substitute of legislative
fiat for a judicial determination of guilt
Section 22. No ex post facto law or bill of attainder shall be enacted.
Elements:
(1) Refer to criminal matters (2), retroactive in its application, and (3) to the prejudice of
the accused
-Double jeopardy
-Requisites are (1) a valid complaint or information, (2)
filed before a competent court, (3) to which the
defendant had pleaded, and (4) of which he had been
previously acquitted or convicted or which was
dismissed or otherwise terminated without his express
consent or with his consent but anchored on his right to
speedy trial or insufficiency of evidences against him
-Crimes covered are (1) the original offense charged, (2)
any attempt to commit the same or frustration thereof,
and (3) any offense which is necessarily included or
necessarily includes the offense charged in the original
complaint or information
-Appeal of the prosecutor constitutes double jeopardy
except there is a violation of their right to due process

Kinds:
1. Every law that makes criminal an act done before the passage of the law and which was
innocent when done, and punishes such as act
2. Every law that aggravates a crime, or makes it greater than it was when committed
3. Every law that changes punishment, and inflicts a greater punishment than the law
annexed to the crime when committed
4. Every law that alters the legal rules of evidence, and receives less or different testimony
than the law required at the time of the commission of the offense, in order to convict the
offender
5. Every law which, assuming to regulate civil rights and remedies only, in effect imposes
a penalty or the deprivation of a right for something which when done was lawful
6. Every law which deprives persons accused of crime of some lawful protection to which
they have become entitled, such as the protection of a former conviction or acquittal, or of
a proclamation of amnesty