Bill of Rights Edited 1

8/8/2019 Bill of Rights Edited 1

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1 Constitutional Law | Atty. Rowena R. ChavezBill of Rights

BulSU BA Legal Management 3A A.Y. 2010-2011

1987 PHILIPPINE CONSTITUTIONBILL OF RIGHTS

Bill of Rights Declaration and enumeration of a persons rights and privileges which the

constitution is designed to protect against violations by the government or byany individual or group of individuals.

Charter if liberties of an individual and limitation upon the powers of thestate.

Base on the belief that every human being has an intrinsic dignity and worthwhich shall be respected and safeguarded.

Kinds of Rights:

Natural Rights- Rights possessed by every citizen without being granted by the state

for they are given to man by God as a human being created to Hisimage so that he may live a Happy Life.e.g. right to life, right to liability, right to love, right to property.

Constitutional Rights- Rights which are conferred and protected by the constitution.

Statutory Rights- Rights promulgated by the law-making body and consequently, may

be abolished by the same body.e.g. right to adopt a child unrelated to you.

Kinds of Constitutional Rights:

Political Rights- Rights of the citizens to take part in the establishment or

administration of government.- Mainly exercised through the right of suffrage and right to

information on matters of public concern.


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Civil Rights

- Rights in which the law enforces for the purpose of securing the private individuals the enjoyment of their means and happiness.

- These are the rights that are mentioned mainly in the Bill of Rights of the Constitution.

Social and Economic Rights-Rights which are intended to insure the well-being and economicsecurity of an individual.

-These are the rights dealing with the promotion of social justice (Art.

XIII), the promotion of education (Art XIV) and others.

Rights of the accused- (civil) rights intended for the protection of a person accused of anycrime such as the right against unreasonable searches and seizures, theright to the presumption of innocence, the right to a speedy, impartialand public trial and the right against cruel, degrading or inhuman

punishment.

Due Process- Nothing more and nothing less than the sporting idea of fair play-US

Supreme Court Justice Frankfurter - Guaranty against any arbitrariness on the part of the government, whether

committed by the legislature, the executive, or the judiciary.- Remains to be dynamic and resilient, adaptable to every situation calling for

its application.

Kinds of Due Process

Substantive Due Process- The lawful means of enacting the statute.- The law should be enforced in accordance with the prescribed manner but

whether or not, to begin with, it is a proper exercise of legislative power.


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Procedural Due Process- The method or manner in which the law is enforced.- The general Law is a law that hears before it condemns, which proceeds

upon inquiry and renders judgment only after trial.-Daniel Webster

- Strike, but hear me first!-Themistocles.- The twin requirements of notice and hearing constitute the essential

elements of due process.-Supreme Court of the Philippines.

o Judicial Due Process

Requirements of procedural due process in Judicial Proceedings:

There must be an impartial court or tribunal clothed with judicial powerto hear and determine the matter before it.

- every litigant is entitled to the cold neutrality of an impartial judgethat will render a fair and impartial decision.

Jurisdiction must be lawfully acquired over the person of the defendantand over the property which is the subject matter of the proceeding.

Actions in Personame.g. complaint for recovery of loan, jurisdiction over the defendantis acquired by the court by his voluntary appearance or thoroughservice of summons upon him.

Actions in reme.g. land registration and/or foreclosure of a real estate mortgage

proceedings; the jurisdiction of the court is derived from the power it may exercise over the property.

The defendant must be given the opportunity to be heard.

Every litigant is entitled to his day in court.

Notice to a party is essential to meet and refute its own evidence andto meet and refute the evidence submitted by the other party.

The litigant has the right to be notified of every incident of the proceeding and to be present at every stage thereof so that he may beheard by himself and his counsel for the protection of his interest.


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A decision without hearing is null and void ab initio and may beattacked directly or collaterally.

But in cases wherein a person is not heard because he has chosen, for whatever reason, not to be heard. If he opts to be silent where he has

the right to speak, he cannot later be heard to complain that he wasunduly silenced.

Judgment must be rendered upon lawful hearing.

- To insure against such arbitrariness, due process requires that the judgment be based upon the lawful hearing previously conducted.

- As stated in Art VIII sec 14, of the Constitution, no decision shall berendered by any court without expressing therein clearly anddistinctly the facts and the law on which it is based.

Appeal

-The right to appeal is not essential to the right to a hearing. Except whenguaranteed by the constitution, appeal may not be allowed or denied by thelegislature in its discretion. But as long as the law allows him to appeal, denialof that remedy is a denial of due process.

-Furthermore, the legislature cannot deprive the litigant the right to appeal inthose cases coming under the minimum appellate jurisdiction of the SupremeCourt as specified in Article VIII, sec 5 (2), of the constitution, to wit:

All cases in which the constitutionality or validity of anytreaty, international or executive agreement, law, presidentialdecree, proclamation, order, instruction, ordinance, or regulationis in question.

All cases involving the legality of any tax, impost, assessment,or toll, or any penalty imposed in relation thereto.

All cases in which the jurisdiction of any lower court is inissue.

All criminal cases in which the penalty imposed is reclusion perpetua or higher.

All cases in which only an error or question of law is involved.


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Exceptions

Cases that the essential requisites of notice and hearing may be omitted withoutviolation of due process:

Cancellation of passport of a person sought for the commission of a

crime.

The preventive suspension of a civil servant facing administrative

charges.

The distrait of properties for tax delinquency.

The padlocking of restaurants found to be insanitary.

The padlocking of theatres showing obscene movies and abatement of

nuisances per se.

NuisancesPresents an immediate danger to the welfare of the community.

e.g. a mad dog running loose, which can be killed on sight, regardless of its

value, because of the threat it poses to the safety and lives of the people.Situations such as the right thing in a wrong place like a patis factory in aresidential area. The rule is that it may be abated only upon judicialauthorization as it is difficult to ascertain or identify this kind of nuisance.

o Administrative Due Process:Cases that are being heard by the bodies, agencies or offices of the thegovernment such as the NLRC.

Administrative Proceedings:

The right to a hearing, which includes the right to present ones case and

submit evidence in support thereof.

The tribunal must consider the evidence presented.


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The decision must have something to support itself.

The evidence must be substantial.

The decision must be rendered on the evidence presented at the hearing, or

at least contained in the record and disclosed to the parties affected.

The tribunal or body or any of its judges must act on its own independent

consideration of the law and the facts of the controversy and not simply

accept the views of a subordinate in arriving at a decision.

The board or body should, in all controversial questions, render its decisionin a manner that the parties to the proceeding can know the various issues

involved and the reason for the decision rendered.

Equal Protection

- Simply requires that all persons or things similarly situated should be treatedalike, both as to rights conferred and responsibilities imposed.

- Similar subjects should not be treated different, so as to give undue favor tosome and unjustly discriminate against others.

Requirements:

It must be based upon substantial distinctions.It must be germane to the purposes of the law.It must not be limited to existing conditions only.It must apply equally to all members of the class.

Freedom from Unreasonable Searches and Seizures

Search Warrant


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- is 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 searchfor certain personal property and bring it before the court.

Warrant of Arrest- is a written order in which a command to arrest a person designated, i.e., totake him into custody in order that he may be bound to answer for thecommission of an offense.

Scope of the Protection

(1) Persons . The protection applies to everybody, to citizens as well asaliens in the Philippines, whether accused of crime or not. Corporations arealso entitled to the protection.

(2) Houses . The protection is not limited to dwelling houses butextends to a garage, warehouse, shop, store, office, and even a safetydeposit vault. It does not extend, however, to open spaces and fields,

(3) Papers and effects. They include sealed letters and packages in themail which may be opened and examined only in pursuance of valid searchwarrant.

Requisites for valid search warrant or warrant of arrest

It must be issued upon probably cause;

The probable cause must be determined by the judge himself;

Such determination of the existence of probable cause must be made after

examination by the judge of the complainant and the witness he may

produce; and

The warrant must particularly describe the place to be searched, and the

persons or things to be seized.

*The law prohibits the issuance of a search warrant for more than one specificoffense.


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Probable Cause

- Is meant such facts and circumstances antecedent to the issuance of awarrant sufficient in themselves to induce a cautious man to rely upon themand act in pursuance thereof.

Right against unreasonable search and seizures, personal.

(1) Proper party to invoke right The legality of a search and seizurecan be contested only the party whose personal rights were involved.

(2) Right subject to waiver Without a proper search warrant, no publicofficer has the right to enter the premises of another without his consent for the purpose of search and seizure.

When search and seizure may be made without warrant

Where there is consent or waiver

When search is incident to a lawful arrest

In case of contraband or forfeited goods being transported by ship,

automobile, or other vehicle, where the officer making it has reasonable

cause for believing that the latter contains them, in view of the difficulty

attendant to securing a search warrant;

Where, without a search, the possessions of articles prohibited by law

is disclosed to plain view or is open to eye and hand;

As an incident of inspection, supervision and regulation in the

exercise of police power such as inspection of restaurants by health

officers, of factories by labor inspectors, etc. The same thing may be saidof inspectors, etc. The same thing may be said of inspection of books of

accounts by revenue examiners; and


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Routinary searches usually made at the borders or at ports of entry in

the interest of national security and for the proper enforcement of customs

and immigration laws.

When arrest may be made without warrant

A peace officer or private person may, without a warrant, arrest a person:

When, in his presence, the person to be arrested has committed, isactually committing, or is attempting to commit an offense;

When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committedit; and

When the person to be arrested is a prisoner who has escaped from penal establishments or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while

being transferred from one confinement to another.

Right to Privacy

- Is concisely defined as the right to be left alone.- The right of the person to be free from undesired publicity or disclosure- The right to live without unwarranted interference by the public in matters with

which the public is not necessarily concerned.

Limitations:

(1) Permissible interference the right is not violated when the interference ismade:

(a) Upon lawful order of the court; or (b) When public safety or order require otherwise as prescribed by law.

(2) Intervention of the courtLimitations:

(a) Must be interpreted in the light of the requirements for the issuance of asearch warrant.

(b) The right must be subject to the police power of the State.


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*Any evidence obtained in the violation of the right against unreasonable search andseizure and the right to privacy of communications and correspondence isinadmissible for any purpose in any proceeding, judiciary or administrative. Theowner has the right that the articles seized be returned, unless they are in themselvesare prohibited or forbidden by law such as illegal drugs, unlicensed firearms, etc.

Freedom of Speech, of Expressions, and of the Press- The right to freely utter or publish whatever one pleases without previous

restraint, and to be protected against any responsibility for doing so as long as itdoes not violate the law, or injure someones character reputation or business.

- It also includes the right to circulate what is published.

Scope:The constitutional guarantee of freedom of expression includes:

specific guarantees of free speech and free pressright of assembly and petition

right to form associations or society not contrary to law

right to religious freedom

Speech and Expression:

Include any form of oral utterances.Silent expressions of ones mindDisplaying of a flagSalute to a flag

Press

Every sort of publications: newspapers, periodicals, magazines, books,handbills, leaflets, etc.

Radios and televisions

Freedom of Expression not Absolute:


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(1) Subject to regulation by the State(2) Subject one to liability when abused

Right of Assembly

- the right on the part of the citizens to meet peaceably for consultation in respectto public affairs

Right of Petition

- the right of any person or group of persons to apply, without fear of penalty, tothe appropriate branch or office of the government for redress of grievances

Religious freedomRight of man to worship God and to have his/her own religious belief.

Religion Any specific system of belief, worship, conduct, etc. often involving a code

of ethics and philosophy.

Two aspects of Religious Freedom

Freedom to believeEveryone has an absolute right to believe whatever he wishes. This

right cannot be questioned by anyone.

Freedom to act on ones belief Not absoluteSubject to regulationIt may not be used to justify refusal to follow the law.

It prejudicial to other persons then the act is prohibited

Religious Test Prohibited

Religious test


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One demanding to declare openly certain religious beliefs before the performance of any ode.

Prohibited

PurposeTo prevent secret attempts of the government to prevent a

person from exercising his civil political right because of his religious beliefs.

Liberty of Abode and Travel- Is the right of a person to have his/her home whatever place he chooses andto change it at will, and to go where he wants to go without any interference fromother people.

LimitationsUpon lawful order of court (if youre an accused)

In the interest of national security, public safety or public health as may be provided by law.

Right to information on matters of public concern

PurposeEssentials for the proper exercise of freedom of expressionTo exercise free exchange of information

Scope of the rightEmbraces all public recordsLimited to citizens only but aliens can have access if they are litigants.Subject to limitations by law.

LimitationsRecords involving the security of state or confidential in character.Burden of government to justify the withholding of information.

Writ of Habeas Data


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- Judicial remedy available to individual whose right to privacy in life, libertyor security is violated by an unlawful action of a public official or employee or

private individual or entity engage in the gathering, collecting or storing of information regarding the persons , family, home and correspondence of

aggrieved party.

PurposeTo secure privacy of an individual by regulating the processing of

personal information about him/her.

Who may fileAny aggrieved partIn case of extra legal killings

o Members of immediate familyo Collateral relative within the fourth degree.

Right to for association- Freedom to organize or to be a member of any group for association union, or society and to adopt their roles to achieve purpose.

PurposeBecause man is by nature sociableIt can be used as a vehicle for the expression of views that have o

bearing on the public welfare.

LimitationIt can be interfered by the state if it is contrary to law.Government employees are prohibited from staging strikes

The Three Inherent Powers of the State

Police Power- The power of the state to enact such laws or regulations in relation to persons

and property as may promote public health, public morals, public safety, and thegeneral welfare and convenience of the people.


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Who may exercise:

The congress

The president of the PhilippinesAdministrative boardsLawmaking bodies on all municipal levels , including barangay.

Test of validity:The interests of the public in generally, a distinguished from those

of a particular class, require the exercise of the police power; and

The means employed are reasonably necessary for theaccomplishment of the purpose and not unduly oppressive uponindividuals.

Eminent Domain- Right or power of the state to take private property for public use upon

paying the owner just compensation

Who may exercise:The congressThe president of the PhilippinesVarious local legislative bodyCertain public corporationQuasi-public corporation

Requisites

Necessity of takingTaking - not simply actual physical seizure but there must bedeprivation of the beneficial use of the property.

Public use- any use directly available to the general public as a matter of

right.


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Private property upon payment of just compensation- anything that can come under the dominion of man.

Exemption: money

Just compensation- Amount to be paid for the expropriated property based on fair marketvalue .

Taxation- are the enforced proportional contributions from persons and property, levied

by the state by virtue of its sovereignty, for the purpose of government and for all publicneeds.

Scope:All income earned in the taxing State, whether by citizens or aliensAll immovable and tangible personal properties found in its territory, aswell as tangible personal property owned by persons domiciled therein

Who may exercise:The Congress

Local legislative bodies

Non-impairment Clause

ContractLaw or duty which binds the parties to perform their agreement

according to their terms provided it is not contrary to law. Public orders,morals, good customs and public policy.

Purpose of non-impairment clauseTo safeguard the integrity of valid contractual agreements against

unwarranted interference by the state.

LimitationsLimited by the exercise of police power


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Limited by explicit provisions in the constitution with reference to the promotion of social justice.

Right to free access to the courts and quasi-judicial bodies

- The guarantees of due process and equal protection of the laws assureall persons like access to the courts as well as quasi-judicial bodies of thecountry for the protection of their persons and property, the prevention andredness of wrongs, and the enforcement of contracts.

Right to adequate legal assistance- The State has also the constitutional duty to provide free and adequatelegal assistance to citizen when by reason of indigence or lack of financialmeans, they are unable to engage the services of a lawyer to defend them or to enforce their rights in civil, criminal, or administrative cases.

Miranda Rights- Can only be invoked by the persons held under custodialinterrogation.

Custodial Investigation- Any investigation initiated by law enforcement officers after a person has

been taken into custody or otherwise deprived of his freedom of action insignificant way.

When available- The investigation is no longer a general inquiry into an unsolvedcrime but has begun to focus on a particular suspect, the suspect has beentaken into

- police custody, the police carry out a process of interrogation thatlends itself to eliciting incriminating statement.

Constitutional Rights of the accused in criminal cases:

Right to adequate legal assistance

Right to be informed of his right to remain silent and to have counsel


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Right against the use of torture, force, violence, threat, intimidation or

any other means which vitiates the free will

The right against being held in secret, incommunicado, or similar

forms of solitary detentionThe right to bail and against excessive bail

The right to due process of law

The right to presumption of innocence

The right to be heard by himself and counsel

The right to be informed of the nature and cause of the accusation

against him.

The right to have speedy, impartial, and public trialThe right to meet the witness face to face

The right to have compulsory process to secure the attendance

of witness and the production of evidence in his behalf

The right against self incrimination

The right against detention by reason of political beliefs and

aspirations

The right against excessive finesThe right against cruel, degrading

The right against infliction of the death penalty except for

heinous crimes;

The right against double jeopardy.

Right to Bail

Bail- Security given for the release of a person in custody of law, furnished by himor bondsman, conditional upon his appearance before any courts as may berequired.


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When right may be invoked-once detention commences even if no formalcharges have yet to be filed

Suspension of the writ of habeas corpus does not suspend right to bail.

Right to bail has not been recognized and is not available to themilitary.

Standards for Fixing Amount of Bail:

financial ability of accused;

nature and circumstances of offense;

penalty for offense charge

character and reputation of accused;

age and health of accused;

weight of evidence against him;

probability of his appearance at trial;

forfeiture of other bonds by him;

he was a fugitive from justice when arrested;

pendency of other cases where he is also under bail

Right to Bail, When a Matter of Right, Discretion, or May out rightly is denied:

- It is matter of right when the offense charged is not punishable bydeath, reclusion perpetua, or life imprisonment.

- It is matter of discretion on the part of the judge when uponconviction by the Regional Trial Court of an offense not punishable

by death, reclusion perpetua, or life imprisonment;


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- It is outrightly denied when accused is charged with capital offense or an offense punishable by reclusion perpetua or higher and evidence of guilt is strong or when an accused is charged with a crime punishable

by reclusion perpetua is convicted by trial court and sentenced to

suffer such penalty.

Right to Presumption of Innocence

- No person shall be convicted of a crime except upon a confession or unless his guilt is established by proof beyond reasonable doubtwhich is more than just a preponderance of evidence sufficient to wina civil case.

Right to be heard by himself and counsel

- In all criminal prosecutions, the defendant shall be entitled to be present and defend in person and by counsel at every stage of the proceedings, from the arraignment to that promulgation of the judgment.

Arraignment- Is made by the open court by a judge or clerk, and consist in

furnishing the accused a copy of the complaint or information with

the list of witnesses, reading the same in the language of dialectknown to him or asking him whether he pleads guilty or not guilty.

Right to be informed of the nature and cause of the accusation against him

- This right implies that the offense which a person is accused of bemade known to him.

- The criminal complaint or information should be sufficiently clear tpa person of ordinary intelligence as to what the charge is so as toenable him to prepare his defense.

Remedy of whose rights is violated- If there is a violation of the right where an accused has been charged

with an offense and convicted of another, or where no arraignment of the accused has taken place, the proceedings in such case may be


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cancelled and annulled in the proper court, at the instance of theaccussed.

- An accused may be convicted of a lesser offense included in that (e.g.,robbery) which is charged.

Right to confrontation of witnesses

- The accused person has the right to meet the witnesses face to face.

Right to compulsory production of witnesses and evidence

- The accused has the right to have compulsory process issued to securethe attendance of witnesses and the production of evidence in his

behalf.

Subpoenas- An order to a person to appear and testify in court.

Subpoena Duces Tecum- A court order to a person to produce in court certain documents,

articles, or other evidence and testify with respect to them.

o Trial in the absence of the accused

- The constitutional right of the accused to be personally present and to be heard in his defense by himself may be waived by him. Thus, trialmay proceed notwithstanding the absence of the accused providedthat three conditions concur.

He has been arraigned; He has been duly notified of the trial; and His failure to appear is unjustifiable.

Writ of Habeas Corpus


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- Is an order issued by a court of competent jurisdiction, directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, and to show sufficient causefor holding in custody the individual so detained.

o Suspension of the privilege of the writ- the privilege of the writ of habeas corpus (not the writ itself)

may be suspended by the President (Art. VII, Sec. 18.) in case onlywhen the three conditions are present:

invasionrebellionwhen public safety requires it

Writ of Amparo

- This is a special writ requires the person to produce documents or evidenceto support claims that they did not violate the rights to life, liberty, andsecurity of the aggrieved party.

Rights guaranteed:

right to remain silent;

right to have competent and independent counsel preferably of hisown choice;

right to be informed of such rights;

right to be provided with counsel, if the person cannot afford theservices of the former;

Note: These rights cannot be waived except in the form of writing and in the presence of the former;

no force, etcetera which vitiates free will shall be used;

secret detention places, etc., are prohibited; and

confession/ admission obtained in violation of rights areinadmissible as evidence

Rights of Person Suspected and subsequently charged


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Before case is filed in court/prosecutor for preliminary investigation but after being put into custody or otherwise deprived of liberty, and on being interrogated by police

to remain silent;to be informed thereof;not be subjected to force, violence, threat, intimidation which

vitiates free will;To have evidence obtained in violation of these rights

inadmissible as evidence.

After the case is filed in the court

to refuse to be witness;not to have prejudice imputed on him as a result of such refusal;to testify on his own behalf;to cross-examination;While testifying, to refuse to answer question which tends toincriminate him for some crime other than present charge.

Right to Speedy Disposition of Cases

JUSTICE DELAYED is JUSTICE DENIED

The right to speedy disposition of cases can be invoked onlyafter the termination of the trial or hearing of case

Rights against Self Crimination

Availability- not only in criminal prosecutions but also in other government

proceedings including civil actions and administrative or legislativeinvestigations. May be claimed not only by accused but by any witnessto whom an incriminating question in address.

Scope- applies against testimonial compulsion and production of documents,

papers and chattels in court except when books of account are to beexamined in exercised of police power and power of taxation.


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Transactional Immunity State- testimony of any person or whose possession of documents or other evidence necessary or convenient to determine the truth in anyinvestigation conducted is immune from criminal prosecution for an

offense to which such compelled testimony relates.

Involuntary Servitude- Condition where one is compelled by force, intimidation, coercion, or imprisonment and against his will, to labor for another, whether he is paid or not.

Exceptions:

punishment for a crime whereof are has been duly convicted

service in defense of the State

naval enlistment

posse comitatus

return to work in industries affected with public interest; and

patria potesta

Right against excessive fines- One addressed to the sound of courts discretion the purpose of the guaranteeis to eliminate many of the barbarous and uncivilized punishment formerlyknown, the infliction of which would barbarize present civilization.

Non-impairment Clause

Debt- Refers to any civil obligation arising from contract, express or implied .

Basis and purpose on prohibition against imprisonment from debt

In our constitution, it refers to civil or contractual debt or one not arisingfrom criminal offense.


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In constitution of humanitarian reasons, one should not be punished onaccount of his property.

The constitution seeks to prevent the use of the power of thestate to coerce the payment of debts.

But if the debtor has property, the creditor has the right in acivil case to have such property attached.

Exemptions

The inhibition was never meant to include:

Damages arising in action ex delicto (criminal actions)Fines and penalties imposed by the courts in criminal

proceedings as punishment for crime.

Poll Tax- Specific sum levied upon every person belonging to a certain class without

regard to his property.

Basis and Purpose

Adopted pursuant to the social justice policy for the plight of the poorer elements of the population who cannot even afford to pay cedulaor poll taxes.

Seeks to prevent the state from utilization its coercive power tocompel the payment of tax especially due from those without financialmeans.

Double jeopardy- Tittingly described as res judicata in prison gray- Prohibits the prosecution against of any person for a crime which he has

previously been acquitted or convicted.- The guarantee protects against the perils of a second punishment as well as a

second trial for the same.

RequisitesA valid complaint or informationFiled before a competent court


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To which the defendant had pleaded

Of which he had been previously acquitted or convicted or which was

dismissed or otherwise terminated without his express consent.

General Rule, a dismissal with the express consent of the accusedwith not bar another prosecution for the same offense, as the saidconsent is considered a waiver of his right double jeopardy.

The consent, to be effective, must be express, and this excludes meresilence or failure of the accused to object to the dismissal.

Note: The provision of double jeopardy includes both the punishmentof the accused for the same offense and for the same act, which meansthat this provision will apply through the offenses charged aredifferent.

Appeal of Prosecution- The prosecution can appeal where the accused is deemed to havewaived or is stopped from invoking his right against double jeopardy.

Crimes Covered

- If the four above-stated elements of double jeopardy are present, theaccused may not be prosecuted a new for the original offense charged.

Doctrine of supervening event- The accused may be prosecuted for another offense if a subsequentdevelopment changes the character of the first indictment under which hemay have already been charged or convicted.

Inseparable- Where one offense is inseparable from another and proceeds from thesame act, they cannot be the subject of separate prosecutions.

Ex post facto Law- Like the law impairing the obligation of the contract, operates retroactivity toaffect antecedent acts.


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- One that would make a previous act criminal although it was not that wouldmake a previous act criminal although it was not so at the time was committed.-

CharacteristicsRefers to penal or criminal matters onlyThey are retroactive in its applicationProtection or defense of the accused.

Bill of attainder- A legislative act which inflicts punishment without a judicial trial.

Documents

Bill of Rights Edited 1