the right-to-speedy-disposition-of-all-cases-autosaved

THE RIGHT TO SPEEDY DISPOSITION OF ALL

CASES

“All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies”

RIGHT AGAINST IMPRISONMENT BY

REASON OF POLITICAL BELIEF AND THE RIGHT

AGAINTS INVOLUNTARY

SERVITUDE

“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”

RIGHT AGAINTS EXCESSIVE FINES AND RIGHT AGAINTS CRUEL

DEGRADING AND INHUMAN PUNISHMENT

“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.“

RIGHT AGAINST IMPRISONMENT FOR

DEBT

“No person shall be imprisoned for debt or non-payment of a poll tax.”

RIGHT AGAINST DOUBLE

JEOPARDY

“No person shall be twice put in jeopardy of punishment for the same time 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.”

ELEMENTS OF

DOUBLE JEOPARDY

1.VALID COMPLAINT INFORMATION

>the prosecutor of the case of an accused must be primarily based on a valid complaint or information. Without which there could be no double jeopardy.

2. FILED BEFORE A COMPETENT COURT

>there could be no double jeopardy to speak of if the court who previously decided the case was a court which has no jurisdiction. There is no power to decide without jurisdiction.

3. VALID PLEA>an accused cannot be

placed in jeopardy unless he has pleaded to the charge against him during arraignment.

4. THE ACCUSED MUST HAVE BEEN CONVICTED OR ACQUITTED OR HIS CASE DISMISSED WITHOUT HIS EXPRESS CONSENT

>as what was discussed above, after conviction or acquittal, an accused can no longer be prosecutor for the same exact offense.

RIGHT AGAINST EX POST FACTO LAW AND BILL OF

ATTAINDER“No ex post facto law or bill of attainder shall be enacted.”

RIGHT AGAINST EX-POST FACTO LAW

The characteristics of an ex post facto law must be cited.These are:1. Must refer to CRIMINAL MATTERS2. It must be RETROACTIVE IN ITS

APPLICATION3. It must be PREJUDICIAL TI THE

ACCUSED

RIGHT AGAINST A BILL OF ATTAINDER

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

THE RIGHT TO

freedom of expression

“No law shall be passed abridging the freedom of speech of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”

ELEMENTS OF THE

FREEDOM OF EXPRESSION

1.FREEDOM FROM PREVIOUS RESTRAINT> as long as the expression is

about matters of public interest, it must be allowed and cannot be censored.

2. FREEDOM FROM PUNISHMENT

>the freedom to speak will be an exercise of futility if the speaker will tame his tone for he is afraid of retaliations coming from the persons he just criticized.

THE BALANCING OF INTEREST TEST

The test requires balancing. If a situation requires immediate curtailment of the freedom of expression then it must be curtailed.

THE RIGHT TO

PEACEABLY ASSEMBLE

The people have the right to peaceably assemble and petition the government for redress of grievances. This is an important implement of the right to freedom of expression. It allows the people to group together in a peaceful manner and converse amongst themselves regarding the concerns they have for the public. It will also be more effective if the people will voice their will together compared to an individual trying to get an audience with the government.

THE RIGHT TO FREEDOM OF RELIGION

“No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.”

THE TWOFOLD

GUARANTEES

THE NON-ESTABLISHMENT CLAUSE

The state cannot set up a church, nor pass laws which aid one religion, and all religion, or prefer one religion over another, nor force nor influence a person to go to or remain away from church against his will or force him to profess a belief or disbelief in any religion.

FREE EXERCICE CLAUSE

is also known as the FREEDOM OF RELIGIOUS PROFESSION AND WORSHIP. It includes the right to believe and the right to act in accordance to such belief.

NO RELIGIOUS TEST REQUIRED

It was also stated in the constitution that no religious test shall be required for the exercise of civil and political rights.

THE LIBERTY OF ABODE AND THE RIGHT TO TRAVEL

The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as many be provided by law.

RIGHT TO FREEDOM OF INFORMATIONSection 7. Article III of the constitution explains the people’s right to information on matter of public concern in this manner:Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, or decision, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as many be provided by law.

The state of policy of full transparency in all transactions involving public interest reinforces the people’s right to information on matters of public concern. This state policy is expressed in section 28, Article II of the constitution, thus:Section 28. Subject to reasonable conditions prescribed by law, the state adopts and implements a policy of full public disclosure of all its transactions involving public interest.

RIGHT TO FORM ASSOCIATIONS

“The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purpose not contrary to law shall not be abridged.”

THE NON-IMPAIRMENT CLAUSE

“No law impairing the obligation of contracts shall be passed.”