Gasrointestinal Track

8/14/2019 Gasrointestinal Track

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Section 6

The liberty of abode and of changing the same within the limitsprescribed by the law shall not beimpaired except upon lawful order of the court. Neither shall the right to

travel be impaired except in theinterest of national security, public

safety, or public health, as many berovided b law.


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Meaning of liberty of abode and travel .The liberty of abode and travel is the right of a

person to have his home in whatever placechosen by him and thereafter to change it at will,and to go where he pleases, without interferencefrom any source.

The 1935 Constitution speaks only of abode.The right now includes the right to travel.

Limitation on the right.The phrases except upon lawful order of the

court and except in the interest of nationalsecurity, public b safety, or public health means,in other words, subject to the dominant police

power.


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Section 7 The right of the people to

information on matters of publicconcern shall be recognized. Accessto official records, and to documents,and papers pertaining to official acts,transactions, or decisions, as well as

to government research data used asbasis for policy development, shall beafforded the citizen, subject to suchlimitations as ma be rovided b law.


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Right to information on matters of publicconcern .

The right of access in the above provision

implement the right to information.Scope of right.

1. The right embraces all public records,2. It is limited to citizens only but is without

prejudice to right of aliens to have access torecords of cases where they are litigants.

3. Its exercise is subject to such limitations asmay be provided by law.


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Section 8

The right of the people, includingthose employed in the public andprivate sector, to forms unions,associations, or societies for purposesnot contrary to law shall not be

abridged.


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Meaning of right to form association, etc.The right to form association is the freedom

to organize or to be a member of any group or association, union, or society, and to adopt the3rules which the members judge mostappropriate to achieve their purpose.

Limitation on the righty.The right to form associations or societies

may be abridged or interfered with by the State

in the exercise of its police power.


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Section 9

P rivate property shall not be takenfor public use without out justcompensation


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Essential or inherent powers of government.1. They all rest upon necessity because there canbe no effective government without them.2. They are inherent in sovereignty; hence, they

can be exercised even without being expresslygranted in the Constitution although the conditionsfor their exercise may be regulated and limited bythe Constitution and by law.3. They are ways by which the State interferes with

private rights and property.4. They are all legislative in character and5. They all presuppose an equivalent

compensation received, directly or indirectly, by theperson affected by the exercise of these powers by

the gove4rnment.


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Meaning of eminent domain.

E minent domain is the right or power of theState or to whom the power has been lawfullydelegated to take private property for public useupon paying the owner a just compensation tobe ascertained according to the law.

Conditions for or limitations upon its exercise.1. Existence of public use.- P ublic use may be identified with

public benefit, public utility, or public advantage.2. Payment of just compensation.- The amount to be paidfor the expropriated property shall be determined by theproper court, based on the fair market value at the time of the taking of the property by the assessor.3. Observance of due process of law in the taking.-P rocedural due process requires that the owner shall havedue notice and hearing in the expropriation proceedings.


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Meaning of TAKING.1 . Actual physical seizure not essential.2. The taking must be direct.

Meaning of POLICE POWER.P olice power has been referred to as the power of the State to

enact such laws or regulations in relation to persons and property

as may promote public heath, public morals, public safety, and thegeneral welfare and convenience of the people.Basis of police power.

*S alus populi suprema est lex- welfare of the people is the supremelaw.* S ic utter tuo ut alienum non laedas- so use your own as not toinjure anothers property.

Illustration of police power laws.1. P ublic Health2. P ublic Morals3. P ublic Safety4.General welfare and convenience


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Meaning of Taxation. As the power, taxation is the power of the State to impose

charge or burden upon persons, property, or property right,for the use and support of the government and to enable itdischarge its appropriate functions.

Meaning of taxes.Taxes are the enforced proportional contribution from

persons and property levied by the lawmaking body of theState by virtue of its sovereignty for the support of thegovernment

t and all public needs .Distinctions among the three powers.

1.As to authority which exercises the power.2. as to purpose.3. As to effect.4. as to person affected.5. As to benefits received.


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Section 10

No law impairing the obligation of contracts shall be passed


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Meaning of obligation of a contractThe obligation of a contract is the law or

duty which binds the parties to performtheir agreement according to its terms or intent.

Purpose of non-impairment prohibition.- to assure the fulfilments of lawful

promises, and to guard the integrity of

contractual obligations.


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Section 11

F ree access to the courts andquasi-judicial bodies and adequatelegal assistance shall not be denied toany person by reason of poverty.


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Constitutional rights of the accused in criminalcases.

1. The right to adequate legal assistance.2. The right, when under investigation for thecommission of an offense, to be inform of hisright to remain silent and to have counsel ;3.Thev right against the use of torture, force,violence, threat, intimidation or any other meanswhich vitiates the free will;4.The right against being held in secret,incommunicado, 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;


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8 . The right to be heard by himself andcounsel;

9. Then right to be informs of the nature andcause of the accusation against him ;

10. The right to have a speedy, impartial, andpublic 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 theproduction of evidence in his behalf;

13. The right against excessive fines;

14. The right against detention by reason of political beliefs and aspiration;

15. The right against excessive fines;


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16. The right against cruel, degrading or inhumanpunishment;

17. the right against infliction of the deathpenalty except for heinous crimes;

18 . The right against double jeopardy.Reasons for constitutional safeguards.

1. A criminal case, an unequal contest.2. Criminal accusation, a very serious matter.3. P rotection of innocent, the underlyingpurpose.

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

Right to adequate legal assistance.


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Section 12 Any person under investigation for the commission of anoffense shall have the right to be informed of his rightto remain silent and to have competent andindependent counsel preferably of his own choice. If the person cannot afford the services of counsel, hemust provided with one. These rights cannot be waived

except in writing and in the presence of counsel. Notorture, force , violence, threat, intimidation, or anyother means which vitiate the free will shall be usedagainst him. Any confession or admission obtained inviolation of this or section 17 here of shall beinadmissible in evidence against him. The law shallprovide for penal and civil sanction for violations of this

section as well as compensation to and rehabilitation of victims of torture or similar ractices and their families


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Right of person under investigation.

Effect of violation of the rights.

When rights can be invoked.

Waiver of right of silence and to counsel.


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Section 13

All persons, except those chargedwith offenses punishable by reclusion

perpetua when evidence of guilt is

strong, shall, before conviction, bebail able by sufficient sureties, or bereleased on recognizance as may be

provided by law. The right to bail shallnot be impaired even when theprivilege of the writ of habeas corpusis suspended. E xcessive bail shall not


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Meaning of BailB ail is the security required by a court and given for the

provisional or temporary release of a person who is in thecustody of the law condition upon his appearance before

any court as require under the conditions specified.Purpose and form of bail.1. The purpose of requiring bail is to relieve an accusedfrom imprisonment until his conviction and yet secure hisappearance at 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.The right to bail is available to any person arrested,

detained, or otherwise deprived of his liberty, whether or notan information has been filed against him.


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Section 14No person shall be held to answer for a

criminal offense without due process of law.In all criminal prosecutions, the accused

shall be presumed innocent until the contrary isproved, and shall enjoy the right to be hearted

by himself and counsel, to be informed of thenature and cause of the accusation against him,to have a speedy impartial, and public trial, tomeet the witnesses face to face and to havecompulsory process to secure the attendance of witnesses and the production of evidence in hisbehalf. However after arraignment, trial mayproceed notwithstanding the absence of theaccused provided that ha has been duly notified


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Right to due process of law in criminal cases.

1. The assumed must be;a. tried before a competent courtb. given an fair and impartial trialc. allowed to use all legal means and opportunity to defend

himself 2. The judgement awarded against him must be within the

authority of a valid law.Right to presumption of innocence.

1. A safeguard against false conviction.2. Requirement of proof of guilt beyond reasonable doubt.

Meaning and purpose of arraignment.The arrangement is made in open court by the judge or

clerk, and consist in furnishing this accused a copy of thecomplaint or information with the list of witnesses, readingthe same in the language or dialect known to him andasking him whether he pleads guilty or not guilty.


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Importance of the right

Right to be informed of the nature and cause of theaccusation against him.

1. Specific allegations of crime charge.2. Remedy of accused whose right is violated.

Right to have a speedy, impartial, and public trial.1. Speedy trial- statutes do not define with

precision what constitutes time for speedy trial.2. Impartial trial- is certainly a basic requirement

of due process in criminal proceedings.3. P ublic trial- trial be public is not meant that

every person who sees fit shall in all cases bepermitted to attend criminals trial.


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Right to confrontation of witnesses.1. Cross-examination of witnesses by the

accused.2. Assessment by the court of witness credibility.

Right to compulsory production of witnesses andevidence.

Trial in the absence of the accused .


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Section 15

The privilege the writ of habeas corpusshall not be suspended except incases of invasion or rebellion whenthe public safety requires it.


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Meaning of writ of habeas corpus.

- is an order issued by a court of competent jurisdiction, directed to the person detaininganother, commanding him to produce the body

of the prisoner at a designated time and place,and to show sufficient cause for holding incustody the individual so detained.

Purpose of the writ.P urpose to inquire into all manner of

involuntary restraint or detention as

distinguished from voluntary and to relieve aperson there from if such restraint is foundillegal.

Suspension of the privilege of the writ.


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Section 16 All persons shall have the right to a

speedy disposition of their cases beforeall judicial, quasi-judicial, or administrative bodies.

Right to speedy disposition of cases.

The above provision upholds the time-honoredtradition of speedy justice for as stated in the olddictum.- J ustice delayed is justice denied.


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Section 17 No person shall be compelled to be a

witness against himself.

Right against self-incrimination.1. P ublic policy-he would be placed under the

strongest temptation to commit the crime of perjury.2. Humanity- it prevents the extortion of

confession by duress.Scope of guarantee.


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Section 18No person shall be detained solely by

reason of his political beliefs andaspirations.No involuntary servitude in any form

shall exist except as a punishment for acrime where of the party shall have

been duly convicted.


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Right against detention solely by reason of political

beliefs and aspirations.1. Incarceration without charges of political

prisoners.

2. A guarantee against having prisoners of conscience.

Meaning of involuntary servitude.

- denotes a condition of enforced, compulsoryservice of one to another. It includes:

1. S lavery or the state of entire subjection of oneperson to the will of another.

2. Peonage or the voluntary submission of aperson to the will of another because of his debt.


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Purpose and basis of the prohibition.

- is to maintain a system of completely free andvoluntary labor by prohibiting the control bywhich the personnel service of one is disposedof or coerced for anothers benefit which is theessence of involuntary servitude.


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Section 19

E xcessive fines shall not beimposed, nor cruel, degrading or inhuman punishment inflicted, Neither shall death penalty be imposed , unless,for compelling reason involving heinous

crimes, the Congress here after provides for it. Any death penaltyalready imposed shall be reduced toreclusion er etua.


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Right against excessive fines.

The question as to the amount of the fines thatshall be imposed is one addressed to the sounddiscretion of the court.

Right against cruel, degrading, or inhumanpunishment.1. F orm of punishment.2. Quantity or duration of punishment.

Purpose of guarantee.

The purpose of the guarantee is to eliminatemany of the barbarous and uncivilized punishmentformerly known, the infliction of which wouldbarbarize present civilization.


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Imposition of the death penalty.1 . Arguments against death penalty.- Theproponents of the abolition of the deathpenalty.2 . Argument in favor of death penalty.- Thosewho advocate the retention of death penalty.


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Section 20No person shall be imprisoned for

debt or non-payment of a poll tax.


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Meaning of debt.

D ebt as intended to be covered by theconstitutional guarantee, means any liability topay money arising out of a contract, express or implied.

Purpose of prohibition against imprisonment fordebt.

The P rohibition as brought about by the forceof public opinion which looked with abhorrence

on statutes permitting the cruel imprisonment of debtors.


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Meaning of poll tax.

A poll tax (or personal or capitation tax) is atax of a fixed amount imposed on individualresiding within a specified territory, whether

citizens or not, without regard to their property or the occupation in which they may be engaged.Purpose of prohibition against imprisonment for

non-payment of poll tax.The constitutional right is a measure dictated

by a sense of humanity and sympathy for the

plight of the poorer elements of the populationwho cannot even afford to pay their cedula or poll taxes, now community tax


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Section 21No person shall be twice put in

jeopardy of punishment for the sameoffense. If an act is punished by a law

and an ordinance, conviction or acquittaleither shall constitute a bar to another prosecution for the same act.


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Right against double jeopardy.

-when a person is charged with an offense and thecase is terminated either by acquittal or convictionor in any other manner without the express consent

of the accused, the later cannot again be chargedwith the same or identical offense.

Requisites for 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 againsthim has been dismissed or terminated without his expressconsent.

6. He is bein char ed a ain for the same offense.


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Section 22No ex post facto law or bill of attainder

shall be enacted.

f f l


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Meaning of ex post facto law.

P ost facto law is one which, operatingretrospectively1. makes an act done before the passage of alaw, innocent when done, criminal, andpunishes.2. aggravates a crime or makes it grater thanwhen it was committed.3. changes the legal rules of evidence, and

receives less testimony than orb differenttestimony from what the law required at the timeof the commission of the offense, in order to

convict the offender.


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Characteristics of ex post facto law.

- relates to penal or criminal matters only,retroactive in their operation, deprive accused of crime of some protection or defence previouslyavailable, to their disadvantage.

Bill attainder

- is a legislative act which inflicts punishmentwithout a judicial trial.Bill of pains and penalties.

- punishment is less than death.

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