3. 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.
4. Writ of Habeas Corpus
1.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
cause for holding in custody the individual so detained.
2.an action that protects an individual from unlawful
detention.
3. It prevents an agency from holding an individual
without reason
4.A literal translation of habeas corpus found in many
legal textbooks is “you (shall) have the body.”
5. A literal translation of “habeas”
could be “may you have” or
possibly “let you have.” The
“shall” in quotes is used to
indicate a theoretical or ideal
state for which the subjunctive is
used in both Latin and English.
6. “Corpus”
• is accusative here because it is the
direct object of the verb “habeas;” it
indicates what should or may be
“had.” So, a translation of “habeas
corpus” that follows more closely the rules
of Classical Latin can be “may you
have the body” or “let you have the
body.”
7. Section 16.
All persons shall have the
right to a speedy disposition
of their cases before all
judicial, quasi-judicial, or
administrative bodies.
8. Quasi-judicial is defined as an
action by an administrative
agency which
•
•
•
•
ascertains certain facts,
hold hearings,
weigh evidence,
make conclusions from the facts as a
basis for their official action, and
• exercises discretion of a judicial nature.
9. • A quasi-judicial body is an individual or
organization which has powers resembling
those of a court of law or judge and is able
to remedy a situation or impose legal
penalties on a person or organization.
10. • An administrative
process would
not
usually be concerned with hearsay
evidence. It would be something like a
High Court Judicial Review (which is both
a judicial and administrative process).
13. Section 18.
• No person shall be detained solely
by reason of his political beliefs
and aspirations.
• No involuntary servitude in any
form shall exist except as a
punishment for a crime whereof
the party shall have been duly
convicted.
14. Section 19.
• 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.
• 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.
16. • Debt- means any liability to pay money
arising out of a contract express or implied
But if the debtor has a property, the creditor
has the right in a civil case as a means of
enforcing for the payment of debt.
Poll Tax-personal tax- a fixed amount
imposed on individuals residing within a
specified territory whether citizens or not
17. 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
18. The guarantee protects against
perils of a second punishment
means no one can be charged
twice for the same or identical
offense
19. Section 22.
No ex post facto law or bill
of attainder shall be
enacted.
20. Ex Post facto Law
• One
which
operating
retrospectively (pabalik)
Characteristics:
Penal or criminal matters only