Bill of Rights I

3,076 views

Published on

(c) Sir Charles Suarez

Published in: Education
0 Comments
3 Likes
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total views
3,076
On SlideShare
0
From Embeds
0
Number of Embeds
5
Actions
Shares
0
Downloads
139
Comments
0
Likes
3
Embeds 0
No embeds

No notes for slide

Bill of Rights I

  1. 1. Bill of Rights(1987 Philippine Constitution)
  2. 2. Article-III, Section-I“No person shall be deprived of life,liberty or property without dueprocess of law, nor shall any personbe denied the equal protection ofthe laws.”
  3. 3. Article-III, Section-I• Life – is not limited to the literal meaning of life. It includes the right of individual to its body in its completeness, free from dismemberment, and extends to God-given faculties which makes life enjoyable.• Liberty - the right to exist and right to be free from personal restraint or servitude, the right to contract, the right to choose one’s employment, the right to labor etc.
  4. 4. Article-III, Section-I• Property - refers to anything that can come under the right of ownership and be subject of contract. Due Process of Law• It is a legal maxims which hears before it condemns and renders judgment only after trial.
  5. 5. Article-III, Section-I Two (2) Aspects of Due Process• Procedural Due Process – The manner or procedure which must be followed in the enforcement or application of law.• Substantive Due Process – This means that the law to be applied is valid, just and not arbitrary.
  6. 6. Article-III, Section-I Equal Protection of Law• It means that all persons or things similarly situated should be treated alike both as to rights conferred and responsibilities imposed.
  7. 7. Article-III, Section-I Sample Case: If A is a doctor who earns Php. 35,000/month, and B a teacher who is earning 12,000/month, if they will be taxed with the same amount of Php. 800/month, is it just and fair? Does this observed Equal Protection of the Law? Answer : No. It is unjust and unfair to impose the same amount of tax to two (2) different individuals who have different monthly income.
  8. 8. Crimes Against Persons1. Parricide2. Murder3. Homicide4. Death Cause in a Tumultuous Affray5. Physical injuries inflicted in a tumultuous affray6. Giving Assistance to Suicide7. Discharge of Firearms
  9. 9. Crimes Against Persons1. Infanticide and Abortion a. Intentional Abortion b. Unintentional Abortion c. Abortion practiced by the woman herself of by her parents d. Abortion practiced by a physician or midwife and dispensing of abortives.• Duel
  10. 10. Crimes Against Persons1. Physical Injuries a. Mutilation b. Serious Physical Injuries c. Administering injurious substances or beverages d. Less serious physical injuries. e. Slight physical injuries and maltreatment
  11. 11. Crimes Against Persons• Art. 246 (Revised Penal Code) Parricide — Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death.
  12. 12. Crimes Against Persons• Art. 248 (RPC) Murder — Any person who shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:
  13. 13. Crimes Against Persons With treachery, taking advantage ofsuperior strength, with the aid of armedmen, or employing means to weaken thedefense or of means or persons to insureor afford impunity. In consideration of a price, reward, orpromise.
  14. 14. Crimes Against Persons By means of inundation, fire, poison,explosion, shipwreck, stranding of avessel, derailment or assault upon a streetcar or locomotive, fall of an airship, bymeans of motor vehicles, or with the useof any other means involving great wasteand ruin.
  15. 15. Crimes Against Persons On occasion of any of the calamitiesenumerated in the preceding paragraph,or of an earthquake, eruption of a volcano,destructive cyclone, epidemic or otherpublic calamity. With evident premeditation. With cruelty, by deliberately andinhumanly augmenting the suffering of thevictim, or outraging or scoffing at hisperson or corpse.
  16. 16. Crimes Against Persons1. Art. 249 (RPC) Homicide — Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal.
  17. 17. Crimes Against Persons• Art. 251 (RPC) Death caused in a tumultuous affray — When, while several persons, not composing groups organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of the affray someone is killed, and it cannot be ascertained who actually killed the deceased, but the person or persons who inflicted serious physical injuries can be identified, such person or persons shall be punished by prision mayor.
  18. 18. Crimes Against Persons• Art. 252 (RPC) Physical injuries inflicted in a tumultuous affray — When in a tumultuous affray as referred to in the preceding article, only serious physical injuries are inflicted upon the participants thereof and the person responsible thereof cannot be identified, all those who appear to have used violence upon the person of the offended party shall suffer the penalty next lower in degree than that provided for the physical injuries so inflicted.
  19. 19. Crimes Against Persons• Art. 253 (RPC) Giving assistance to suicide — Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such person leads his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusion temporal. However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods, shall be imposed.
  20. 20. Crimes Against Persons• Art. 254 (RPC) Discharge of firearms — Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide or any other crime for which a higher penalty is prescribed by any of the articles of this Code
  21. 21. Crimes Against Persons• Art. 255 (RPC) Infanticide — The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age. If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prision correccional in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be prision mayor.
  22. 22. Crimes Against Persons• Art. 256 (RPC) Intentional abortion — Any person who shall intentionally cause an abortion.• Art. 257 (RPC) Unintentional abortion — The penalty of prision correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally.• Art. 258 (RPC) Abortion practiced by the woman herself of by her parents — The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so.
  23. 23. Crimes Against Persons• Art. 259 (RPC) Abortion practiced by a physician or midwife and dispensing of abortives — The penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same.• Art. 257 (RPC) Unintentional abortion — The penalty of prision correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally.• Art. 258 (RPC) Abortion practiced by the woman herself of by her parents — The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so.
  24. 24. Sample Case Question: A thought of killing B. He positioned himselfat one corner where B would usually pass. When afigure resembling B was approaching, A hid and whenthat figure was near him, he suddenly hit him with a pieceof wood on the nape, killing him. But it turned out that itwas his own father. What was the crime committed byA? Answer: The crime committed is parricide, althoughwhat was intended was homicide. A crime wascommitted different from that which was intended.
  25. 25. Sample Case Question: A and B were lovers. B was willing tomarry A except that A is already married. A thought ofkilling his wife. He prepared her breakfast everymorning, and every morning, he placed a little dose ofarsenic poison into the breakfast of the wife. The wifeconsumed all the food prepared by her husbandincluding the poison but nothing happened to the wife.Because of the volume of the household chores that thewife had to attend to daily, she developed a physicalcondition that rendered her so strong and resistance toany kind of poisoning, so the amount of poison applied toher breakfast has no effect to her. Is there an impossiblecrime?
  26. 26. Sample Case Answer: No impossible crime is committed becausethe fact itself stated that what prevented the poison fromtaking effect is the physical condition of the woman. So itimplies that if the woman was not of such physicalcondition, the poison would have taken effect. Hence, itis not inherently impossible to realize the killing. Thecrime committed is frustrated parricide.
  27. 27. Sample Case Question: A thought of having her husband killedbecause the latter was maltreating her. She hired somepersons to kill him and pointed at her husband. Thegoons got hold of her husband and started mauling him.The wife took pity and shouted for them to stop but thegoons continued. The wife ran away and wasprosecuted for parricide. Can the wife be convicted forparricide? Answer: No. Because there was desistance on thepart of the wife. The presence of desistance will exempther from parricide. Desistance negates criminal liability.
  28. 28. Act of Desistance The Supreme Court has ruled that one who desistedis not criminally liable. “When a person has set foot tothe path of wickedness and brings back his foot to thepath of righteousness, the law shall reward him for doingso.” Desistance on the part of the offender negatescriminal liability in the attempted stage. Desistance istrue only in the attempted stage of the felony. If underthe definition of the felony, the act done is already in thefrustrated stage, no amount of desistance will negatecriminal liability.
  29. 29. Act of Desistance The spontaneous desistance of the offender negatesonly the attempted stage but not necessarily all criminalliability. Even though there was desistance on the part ofthe offender, if the desistance was made when acts doneby him already resulted to a felony, that offender will stillbe criminally liable for the felony brought about his act.What is negated is only the attempted stage, but theremay be other felony constituting his act.
  30. 30. Illustrations:A fired at B and B was hit on the shoulder. But Bs woundwas not mortal. What A then did was to approach B, andtold B, “Now you are dead, I will kill you.” But A took pityand kept the revolver and left. The crime committed isattempted homicide and not physical injuries, because therewas an intention to kill. The desistance was with the secondshot and would not affect the first shot because the first shothad already hit B. The second attempt has nothing to dowith the first.
  31. 31. Illustrations: Question: In another instance, A has a very seductiveneighbor in the person of B. A had always been looking at Band had wanted to possess her but their status were not thesame. One evening, after A saw B at her house and thoughtthat B was already asleep, he entered the house of Bthrough the window to abuse her. He, however, found outthat B was nude, so he lost interest and left. Can A beaccused of attempted rape? Answer: No, because there was desistance, whichprevented the crime from being consummated. Theattempted stage was erased because the offender desistedafter having commenced the commission of the felony.
  32. 32. Illustrations: Answer: The attempted felony is erased by desistancebecause the offender spontaneously desisted from pursuingthe acts of execution. It does not mean, however, that thereis no more felony committed. He may be liable for aconsummated felony constituted by his act of trespassing.When A entered the house through the window, which is notintended for entrance, it is always presumed to be againstthe will of the owner. If the offender proceeded to abuse thewoman, but the latter screamed, and A went out of thewindow again, he could not be prosecuted for qualifiedtrespass. Dwelling is taken as an aggravating circumstanceso he will be prosecuted for attempted rape aggravated bydwelling.
  33. 33. Crimes Against Liberty1. Kidnapping and serious illegal detention2. Slight Illegal Detention3. Unlawful Arrest4. Inducing minor to abandon his home5. Slavery6. Exploitation of Child Labor7. Services rendered under compulsion in payment of debt
  34. 34. Crimes Against Liberty• Kidnapping and serious illegal detention — Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death: • If the kidnapping or detention shall have lasted more than five days. • If it shall have been committed simulating public authority. • If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made. • If the person kidnapped or detained shall be a minor, female or a public officer.
  35. 35. Crimes Against Liberty• Slight illegal detention — The penalty of reclusion temporal shall be imposed upon any private individual who shall commit the crimes described in the next preceding article without the attendance of any of circumstances enumerated therein.• Unlawful arrest — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, in any case other than those authorized by law, or without reasonable ground therefore, shall arrest or detain another for the purpose of delivering him to the proper authorities.
  36. 36. Crimes Against Liberty• Inducing a minor to abandon his home — The penalty of prision correccional and a fine not exceeding seven hundred pesos shall be imposed upon anyone who shall induce a minor to abandon the home of his parent or guardians or the persons entrusted with his custody.• Slavery — The penalty of prision mayor and a fine of not exceeding 10,000 pesos shall be imposed upon anyone who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him.
  37. 37. Crimes Against Liberty• Exploitation of child labor — The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall, against the latter’s will, retain him in his service.• Services rendered under compulsion in payment of debt — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person who, in order to require or enforce the payment of a debt, shall compel the debtor to work for him, against his will, as household servant or farm laborer.
  38. 38. Crimes Against Property1. Robbery2. Brigandage3. Theft4. Usurpation (Occupation of real property or usurpation of real rights in property)5. Altering boundaries or landmarks6. Culpable Insolvency (Fraudulent insolvency)7. Swindling (Estafa)8. Chattel Mortgage (Removal, sale or pledge of mortgaged property)
  39. 39. Crimes Against Property1. Arson2. Malicious MischiefExemptions from Criminal Liability in Crimes Against Property1. Spouses, ascendants and descendants, or relatives by affinity in the same line.2. The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another; and
  40. 40. Exemptions from Criminal Liability in Crimes Against Property1. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.  The exemption established by this article shall not be applicable to strangers participating in the commission of the crime.

×