Citizenship (Art. IV)

Citizenship is a term denoting membership of a person in a political society, which membership implies, reciprocally, a duty of allegiance o the part of the member and duty of protection on the part of the political society.

Citizen is a person having the title of citizenship.

Right Against Ex Post Facto Law and Bill of Attainder (Sec. 22, Art. III)

An ex post facto law is a law which operates retroactively and makes an act done before its passage, innocent when done, criminal, or makes the crime greater than when it was committed, or inflicts a greater punishment than what the law provided to the crime when it was committed, or alters the legal rules of evidence and receives less testimony than what the law required at the time of the commission of the offense in order to convict the offender.

In general, criminal laws cannot be given retroactive effect. But if it is favorable to the accused, it should be should be given retroactive effect.

A bill of attainder is a legislative act which inflicts punishment without a judicial trial.

Right Against Double Jeopardy (Sec. 21, Art. III)

When a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without his express consent, he cannot again be charged for the same offense.

An accused is placed in double jeopardy if the following conditions are present:

1. He has been previously brought to trial;

2. The trial court has jurisdiction over the case;

3. The complaint or information is valid;

4. The accused has been arraigned and entered a plea;

5. The accused has been convicted or acquitted or the case against him has been dismissed or otherwise terminated without his express consent; and

6. He is being charged again for the same offense.

Right Against Infliction of the Death Penalty Except for Heinous Crimes (Sec. 19 (1), Art. III)

The Constitution allows only the imposition of death penalty on crimes considered as heinous. Congress is also allowed by the Constitution to pass a law prescribing the crimes which are heinous. On December 13, 1993, Republic Act 7659, which imposes death penalty on certain crimes which it deemed as heinous, was approved. But on June 23, 2006, Congress abolished the death penalty.

Right Against Cruel, Degrading or Inhuman Punishment (Sec. 19 (1), Art. III)

Punishments are cruel or inhuman when they involve torture or lingering death such as burning alive, mutilation, starvation, drowning and other barbarous punishment.

Punishments are degrading when it brings humiliation and shame to the accused, and exposes him to ridicule or contempt, or lowers his dignity and self-respect as a human being.

Right Against Excessive Fines (Sec. 19 (1), Art. III)

The amount of the fines that shall be imposed against an accused is within the sound discretion of the court. Usually, if it is within the limits of a statute, the fine cannot be held excessive.

Courts can declare a fine prescribed by a statute as excessive if it is clearly so, considering the nature of the offense and the ability of the accused to pay the same.

Right Against Detention by Reason of Political Beliefs and Aspirations (Sec. 18 (1), Art. III)

This right is included in the 1986 Constitution because during the Martial Law era thousands were detained because of their political beliefs and without charges being filed against them. They were called “prisoners of conscience” or political prisoners. The framers of the 1986 Constitution deemed it appropriate to include this right in order not to repeat the said incidents of the Martial Law period.