ppt ppt ppt

Upload: john-levi-santiago

Post on 29-May-2018

552 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/8/2019 ppt ppt ppt

    1/58

  • 8/8/2019 ppt ppt ppt

    2/58

    Section 1. No person shall be deprived oflife, liberty, or property without due processof law, nor shall any person be denied theequal protection of the laws.

    Section 2. The right of the people to besecure in their persons, houses, papers andeffects against unreasonable searches and

    seizures of whatever nature and for anypurpose shall be inviolable, and no searchwarrant or warrant of arrest shall issueexcept upon probable cause to bedetermined personally by the judge after

    examination under oath or affirmation ofthe complaint and the witnesses he mayproduce, and particularly describing theplace to be searched and the persons andthings to be seized.

  • 8/8/2019 ppt ppt ppt

    3/58

    Section 3.1. The privacy of

    communication and correspondence

    shall be inviolable except upon lawfulorder of the court, or when public safety

    or order requires otherwise, as prescribed

    by law.

    3.2. Any evidence obtained in

    violation of this or the preceding section

    shall be inadmissible for any purpose in

    any proceeding.

  • 8/8/2019 ppt ppt ppt

    4/58

    Section 4. No shall be passed abridgingthe freedom of speech, of expression, or

    of the press, or the right of the peoplepeaceably to assemble and petition thegovernment for redress of grievances.

    Section 5. No law shall be made

    respecting an establishment of religion,or prohibiting the free exercise thereof.The free exercise and enjoyment ofreligious profession and worship, without

    discrimination or preference, shall foreverbe allowed. No religious test shall berequired for the exercise of civil orpolitical rights.

  • 8/8/2019 ppt ppt ppt

    5/58

    Section 6. The liberty of abode and ofchanging the same within the limits prescribedby law shall not be impaired except upon

    lawful order of the court. Neither shall the rightto travel be impaired except in the interest ofnational security, public safety, or publichealth, as may be provided by law.

    Section 7. The right of the people toinformation on matters of public concern shallbe recognized. Access to official records, andto documents and papers pertaining to officialacts, transactions, or decisions, as well as to

    government research data used as basis forpolicy development, shall be afforded thecitizen, subject to such limitations as may beprovided by law.

  • 8/8/2019 ppt ppt ppt

    6/58

    Section 8. The right of the people,

    including those employed in the public

    and private sectors, to form unions,associations, or societies for purposes not

    contrary to law shall not be abridged.

    Section 9. Private property shall not be

    taken for public use without just

    compensation.

    Section 10. No law impairing the

    obligation of contracts shall be passed.

  • 8/8/2019 ppt ppt ppt

    7/58

    Section 11. Free access to the courts and quasi-judicial bodies andadequate legal assistance shall not be denied to any person byreason of poverty.

    Section 12.1. Any person under investigation for the commission ofan offense shall have the right to be informed of his to remain silentand to have competent and independent counsel preferably of hisown choice. If the person cannot afford the services of counsel, hemust be provided with one. These rights cannot be waived exceptin writing and in the presence of counsel.

    12.2. No torture, force, violence, threat, intimidation, or any othermeans which vitiate the free will shall be used against him. Secretdetention places, solitary, incommunicado, or other similar forms ofdetention are prohibited.

    12.3. Any confession or admission obtained in violation of this orSection 17 hereof shall be inadmissible in evidence against him.

    12.4. The law shall provide for penal and civil sanctions forviolations of this section as well as compensation to therehabilitation of victims of torture or similar practices, and their families.

  • 8/8/2019 ppt ppt ppt

    8/58

    Section 13. All persons, except those charged withoffenses punishable by reclusion perpetua when evidenceof guilt is strong, shall, before conviction, be bailable by

    sufficient sureties, or be released on recognizance asmaybe provided by law. The right to bail shall not beimpaired even when the privilege of the writ of habeascorpus is suspended. Excessive bail shall not be required.

    Section 14.1. No person shall be held to answer for a

    criminal offense without due process of law.

    14.2. In all criminal prosecutions, the accused shall bepresumed innocent until the contrary is proved, and shallenjoy the right to be heard by himself and counsel, to beinformed of the nature and cause of the accusationagainst him, to have a speedy, impartial, and public trial,to meet the witnesses face to face, and to havecompulsory process to secure the attendance of witnessesand the production of evidence in his behalf. However,after arraignment, trial may proceed notwithstanding theabsence of the accused: Provided that he has been dulynotified and his failure to appear is unjustifiable.

  • 8/8/2019 ppt ppt ppt

    9/58

    Section 15. The privilege of the writ of habeas corpusshall not be suspended except in cases of invasion orrebellion, when the public safety requires it.

    Section 16. All persons shall have the right to aspeedy disposition of their cases before all judicial,quasi-judicial, or administrative bodies.

    Section 17. No person shall be compelled to be awitness against himself.

    Section 18.1. No person shall be detained solely byreason of his political beliefs and aspirations.

    18.2. No involuntary servitude in any form shallexist except as a punishment for a crime whereof theparty shall have been duly convicted.

  • 8/8/2019 ppt ppt ppt

    10/58

    Section 19.1. Excessive fines shall not beimposed, nor cruel, degrading or in human

    punishment inflicted. Neither shall deathpenalty be imposed, unless, for compellingreasons involving heinous crimes, theCongress hereafter provides for it. Any

    death penalty already imposed shall bereduced to reclusion perpetua.

    19.2. The employment of physical,psychological, or degrading punishment

    against any prisoner or detainee or the useof substandard or inadequate penalfacilities under subhuman conditions shallbe dealt with by law.

  • 8/8/2019 ppt ppt ppt

    11/58

    Section 20. No person shall beimprisoned for debt or non-payment of a

    poll tax.

    Section 21. No person shall be twice putin jeopardy of punishment for the same

    offense. If an act is punished by law andan ordinance, conviction or acquittalunder either shall constitute a bar toanother prosecution for the same act.

    Section 22. No ex post facto law or bill ofattainder shall be enacted.

  • 8/8/2019 ppt ppt ppt

    12/58

  • 8/8/2019 ppt ppt ppt

    13/58

    Natural Right those rights possessed byevery individual without being granted by the

    state for they are given to man by God as ahuman being.

    Right to Live

    Right to Love

    Constitutional Rights those rights which areconferred and protected by the constitution.- Since they are part of the fundamental lawthey cannot be modified or taken away bythe law-making body.

    Statutory Rights those rights which arepromulgated by the law-making body andconsequently may be abolished by the samebody.

  • 8/8/2019 ppt ppt ppt

    14/58

  • 8/8/2019 ppt ppt ppt

    15/58

    Political Rights rights of the citizens which givethem power to participate directly or indirectly inthe establishment of administration of the

    government. Right citizenship

    Right of suffrage

    Right to information of matters of public concern.

    Civil Rights those rights which the law will

    enforce at the instance of private individuals forthe purpose of securing to them the employmentof their means of happiness. Rights to Involuntary Servitude

    Right against Imprisonment for Unpayment of Debt orP

    oll

    Tax

    . Constitutional Rights of an Accused

    Liberty of Abode

    Socialand Economic Rights

    Freedom of Speech

  • 8/8/2019 ppt ppt ppt

    16/58

    Socialand Civil Economic Rights rightswhich are intended to insure the well-

    being and economic security of anindividual. Right to Property

    Right to Compensation for Private Property

    The promotion of Education Utilization of Natural Resources

    Rights of the Accused civil rightsintended for the protection of a person

    accused of any crime. Right to speedy trial, impartialand public

    trial

    Right to due Process of Law

  • 8/8/2019 ppt ppt ppt

    17/58

    The owner has the following rights over hisproperty (article 428 civil code)

    The right to enjoy, which includes: Jus utendi or right to use

    Jus fruendi or right to enjoy the fruits Jus abutendi or right to consume the thing

    by its use The right to dispose (Jus disponde) or the

    right to alienate, encumber, transform oreven to destroy the property.

    The right to vindicate (Jus vindicandi) orthe right of action available to the ownerto recover the property against its holderor possessor.

  • 8/8/2019 ppt ppt ppt

    18/58

    Due process of law- Any deprivation of life, liberty orproperty is with due process if it is done under the

    authority of a law that is valid or of the constitutionitself and after compliance with fair and reasonablemethod or procedure prescribed by law.

    Aspects of Due Process of Law Procedural Due Process- refers to the method or

    manner by which the law is enforcedthat which hears it condemns, which proceedsupon inquiry and renders judgement only after trial.

    Substantive Due Process- which requires that the lawsitself not merely the procedures by which the lawwould be enforced, is fair, reasonable and just.-no person shall be deprived of his life; liberty orproperty for arbitrary reasons on flimsy grounds.

  • 8/8/2019 ppt ppt ppt

    19/58

    What is meant by search?

    -an examination of a mans houseor other building of premises with

    a view to the discovery or

    contraband or illicit stolenproperty or some evidence of

    guilt to be used in prosecution of

    a criminal action for some crimeor offense.

  • 8/8/2019 ppt ppt ppt

    20/58

    Person- in its juridical sense refers to a beingphysical or moral, real or legal which is

    susceptible of right and obligations or of beingthe subject of legal relations

    Person contemplates 2 concepts:

    Natur

    alPerson or hum

    an being- possessesphysical existence, a product of procreation.

    JuridicalPerson- one that exists only incontemplation of law, a product of legalfiction.

    -has the right to enter into contact

    -has the right to sue and be sued

    Example: State,political subdivisions,corporations

  • 8/8/2019 ppt ppt ppt

    21/58

    Life means more than physicalexistence. It includes the right to live,

    free from social damages against limbor freedom from unjustified control.

    -this prohibition against thedeprivation of life extends to those limbs

    and faculties necessary for the

    enjoyment of life.

  • 8/8/2019 ppt ppt ppt

    22/58

    Liberty- the right of a person to act without anyinterference except in accordance with law

    - freedom to do or not to do as one pleases subject

    to reasonable dictate of law.

    Mans liberty which constitutional and statutoryconstraints protect against invasion without dueprocess of law

    1. To enjoy and use ones faculties to all lawfulactivities

    2. To choose and pursue a vocation or occupation3. From imprisonment and in going where one pleases

    4. To enter into all kinds of contracts within legal limits,consistent with the police power of the state5. To work and live where one desires

  • 8/8/2019 ppt ppt ppt

    23/58

    Property-means everything over which man maylegally have exclusive dominion or ownership

    - it refers to a thing which has been the object ofappropriation.

    Search Warrant- is an order writing, issued in thename of the People of the Philippines, signed by a

    judge or any other officer authorized by law anddirected to another officer commanding him tosearch for personal property described therein andbring it before the court.

    What is Arrest?

    -Arrest is the taking of a person into custody inorder that he may bound to answer the commissionof an offense.

  • 8/8/2019 ppt ppt ppt

    24/58

  • 8/8/2019 ppt ppt ppt

    25/58

    Picketing- is the demonstration ofemployees or labourers in the employers in

    the employers premises characterizedusually by carrying placards wherein theemployees sentiments are expressed.

    Press-includes every kind of publicationsuch as book, magazine, newspaper,handbills, pamphlets, leaflets

    Freedom of Speech, of expression and ofthe press-Simply means that a person isallowed to speak out his mind inappropriate public forum or in the radio orin any of the existing television talk show onimportant issues confronting relating toobscenity, libel or slander

  • 8/8/2019 ppt ppt ppt

    26/58

    Obscenity-offensive to accepted

    standard of decency

    -inciting lustful feelings

    Libel-a written, printed, or pictorial

    statement that unjustly damagesa persons reputation

    Slander-the utterance of

    deformatory statements injuriousto the reputation or wellbeing ofa person

  • 8/8/2019 ppt ppt ppt

    27/58

    Limitation of the Freedom of speech and ofthe press

    1. Legislature may pass laws againstobscenity, libel, or slander

    2. The government is protected againstseditious attacks

    3. The criticisms against public officials must

    be directed against acts of public nature orthose connected with their duties and mustnot unduly besmirch their reputation

    4. The freedom is subject to regulationunder the police power of the state when itis designed to insure a free and orderlyelection

    5. The freedom may be restricted in thepursuit of war activities

  • 8/8/2019 ppt ppt ppt

    28/58

    Guides to the practices

    of freedom of speech1. Clear and present

    danger rule2. Dangerous Tendency

    rule3. Balance of interest rule

  • 8/8/2019 ppt ppt ppt

    29/58

    Religious Freedom-the right of worship Godand entertain such as religious views asappeal to the individuals conscience after

    consideration of the various externalpressures put to bear upon the person in thisregard

    It would be unconstitutional to perform anyof the following acts:

    a. To established a national church, whetheror not is supported by public funds

    b. To compel religious instructionc. To prohibit any person to solicit contribution

    for religious purposes without first securingpermit from a public officials

    d. To impose restraint upon any persons rightof expression of religious beliefs

  • 8/8/2019 ppt ppt ppt

    30/58

    Abode-mean the place where a personresides

    -domicile, that permanent home of aperson to which whenever he is absent, hehas every intention of returning

    Travel-the act of journeying, especially to

    foreign or distant land Limitation to the right of abode or travel

    1. When there Is a lawful order of the court

    2. In the interest of the national security,

    public safety or public health as may beprovided by the law, both of which arepermitted in the exercise the police powerof the state

  • 8/8/2019 ppt ppt ppt

    31/58

    3 inherent powers of the State

    1. Police power

    2. Power of eminent domain3. Power of Taxation

    Police Power-the inherent and plenarypower of the state which enables it to

    prohibit all that is hurtful to the comfort,safety and welfare of the society

    -the police power of the stateto enact such laws and regulation in

    relation to persons and property as maypromote public health, public morals,public safety and general welfare andconvenience of the people

  • 8/8/2019 ppt ppt ppt

    32/58

    Power of eminent domain-is

    the superior dominion ofthe sovereign power overall properties within the

    state which authorized it or

    appropriate all any parts

    thereof to a necessarypublic use upon payment

    of just compensation

  • 8/8/2019 ppt ppt ppt

    33/58

    Private Property may be:1. Realty-a landed property including the

    natural resources i9nherent and the man-made improvement

    2. Franchise-authorization granted by amanufacturer to a distributor or dealer

    3. Copyright-The exclusive right granted by

    law to publish, sell, distribute literary orartistic work

    4. Patent-a grant made by government to aninventor assuring him the sole right to make,use or sell his inventions over a period oftime

    5. Contracts-an enforceable agreement6. PersonalProperty-Properties owned by a

    single person

  • 8/8/2019 ppt ppt ppt

    34/58

    What constitute taking of privateproperty?

    There is taking of property under the powerof eminent domain when:

    1. The owner is actually deprived ordispossessed of his property

    2. There is practical destruction or a matterof impairment of the value of theproperty

    3. he is deprived of the ordinary use of hisproperty

    4. he is deprived of the jurisdiction,supervision and content of his property

  • 8/8/2019 ppt ppt ppt

    35/58

    What is just compensation?

    Just Compensation-means the value of the

    property in terms of money to be paid for thetaking

    -the fair and full equivalent value for the losssustained by the owner of the property towhich must be added consequential

    damages, if any minus consequential benefits Just compensation is equal to the fair market

    value plus the consequential damages minusconsequential benefits

    Fair Market Value-the price that might be fullyagreed upon in the open market between aseller who is under compulsion and to a selleror buyer who is not under compulsion to buy

  • 8/8/2019 ppt ppt ppt

    36/58

    Consequential damages-are the lossessustained by the owner in addition to the fairmarket value of the property as the result of

    taking Consequential benefits refers to the gain that

    accrues in favor of the owner as aconsequences of the taking of his property

    Obligation of contracts-means the respective

    undertaking mutually agreed upon by theparties there to for compliance under it termsand conditions within permissible limits

    -the term and condition of the parties asembodied in their agreement will be

    considered as the laws between which thestate may not interfere except when suchterms and conditions are contrary to law,moral, good customs, public order and publicpolicy

  • 8/8/2019 ppt ppt ppt

    37/58

    What constitute impairment ofcontracts?

    A law that changes the terms of

    conditions of a contract

    especially contemplated by theparties or its legal construction or

    its validity, including its dischargesas well as the remedy for itsenforcement constitutesimpairment of contracts

  • 8/8/2019 ppt ppt ppt

    38/58

    The following agencies were created toextend legalassistance to indigents:

    1. BALA-Bureau of Agrarian Legal Assistanceunder the Ministry of Agrarian Reform whichextends legal assistance to farmers beforethe courts

    2. FALO-Free Legal Assistance Office under

    the Ministry of Labor and Employmentwhich extends legal assistance to theworkers and employees before the nationallabor Relation and the administration of theministry

    3. PANAMIN-Presidential Assistance onCultural Minorities Under the office of thePresident which gives legal assistance tocultural minorities

  • 8/8/2019 ppt ppt ppt

    39/58

    4. DND-Department of National Defense

    5. INP-Integrated National Police extends

    assistance to any policeman facingcharges before the fiscal and the courtin connection with the performance oftheir duty, through lawyers authorized by

    the respective agencies6. FIDA-Legal Aid Office of the Federation

    international de Abogadas

    7. IBP-Legal Aid Office of different chapters

    of the Integrated Bar of the Philippines8. CLAO-Citizens Legal Assistance under

    the Ministry of justice

  • 8/8/2019 ppt ppt ppt

    40/58

    Constitutional Rights of the accused inCriminalCases

    1. The right to due process of law2. The right to be informed the nature and

    cause accusation against him

    3. The right to adequate legal assistance

    4. The right when under investigation for thecommission of an offense, to be informed hisright to remain silence and to have counsel

    5. The right to presumption of innocence6. The right to be heard by himself and counsel

    7. The right against self-incrimination

  • 8/8/2019 ppt ppt ppt

    41/58

    8. The right against the use of fortune,force, violence, threat, intimidation or

    another means which vitiate the free will9. The right against being held in secret,

    incommunicado or similar forms ofsolitary detention

    10. The right to bail and against excessivebails

    11. The right against excessive fines

    12. The right speedy, impartial and publictrial

    13. The right to meet the witness face toface

  • 8/8/2019 ppt ppt ppt

    42/58

    14. The right to have compulsory process to

    secure attendance of witness and the

    production of evidence in his self15. The right against detention by reason of

    political beliefs and aspirations

    16. The right against cruel, degrading orinhuman punishment

    17. The right against infliction of the death

    penalty except for heinous crimes

    18. The right against double jeopardy

  • 8/8/2019 ppt ppt ppt

    43/58

    Arraignment-is the process whereby theaccused is informed of the nature and theaccusation against him

    Confession in open Court-the accusedadmits his crimes right at the time of trials

    The Miranda Doctrine-all the constitutionalsafeguards against violation of the rights of

    a person charged for a crime and who isunder investigation may be summed upunder the so called Miranda Doctrine

    Torture-the infliction of severe pain as ameans of punishment or coercion

    Force-to compel an accused to perform anaction

    Violence-the exertion of physical force

  • 8/8/2019 ppt ppt ppt

    44/58

    Threat-an expression of an intention orinflicts pain, injury or evil

    Intimidation-to discourage or inhibit by or asby threats

    Incommunicado-without the right tocommunicate to others

    What is bail?-bail is the security given for therelease of the person in custody of the law,furnished by him or by bondsman,conditioned upon the appearance of theaccused before the court.

    -It may be given in the inform of corporatesurety, property bond, cash deposit orrecognizance

  • 8/8/2019 ppt ppt ppt

    45/58

    Recognizance-is an obligation of records,entered into before some court ormagistrate authorized by law to take, withthe condition to do some particular act, themost usual conditions in criminal cases,being the appearance of the accusedduring the trials

    Speedy Trial-the right to speedy trialsmeans that all possible legal steps both onpart of the prosecution and of the defense,be taken to start and terminate the trialswith the least possible necessary delay. As

    the saying goesJusticed Delayed is justicedenied The right to compulsory process to secure

    the attendance of witnesses and theproduction of evidence in his behalf

  • 8/8/2019 ppt ppt ppt

    46/58

    SubpoenaTestifacandum-is a writ orwritten command, issued by a judge or

    court directing the individual to who toaddressed to appear at specific timeand place usually to give testimony inthe court, under the penalty ofdisobedience

    Subpoena Duces Tecum-is a subpoenaissued by the court at the request of thegovernment or one of the parties of a

    lawsuit, commanding a witness whocontrols or possess a documentspertinent to the controversy, to bring thedocument to the trial

  • 8/8/2019 ppt ppt ppt

    47/58

    Trial in absentia-trial may beproceed to withstanding the

    absence of the accusedprovided three conditions concur:

    1. He has been arraigned2. He has been duly notified of the

    trial

    3. His failure to appear isunjustifiable

  • 8/8/2019 ppt ppt ppt

    48/58

    What is Writ of Habeas Corpus?

    Habeas Corpus-literally means bring the

    body to the court

    Writ of Habeas Corpus-is an ordered

    issued by the court of competent

    jurisdiction, directed to the persondetaining another, commanding him to

    produce the body of the prisoner at the

    designated time and place to show

    sufficient cause for holding in custodythe individual to detain

  • 8/8/2019 ppt ppt ppt

    49/58

    Suspension of the Privilege of the WritThe privilege of the writ of habeas corpus may

    be suspended by the President in case only

    of invasion or rebellion when public safetyrequired it

    Invasion-means the incursions of the armedforces of one state upon the territory ofanother for the purpose of consequent orplunder

    Rebellion-is a mass movement of men whorise publicity and take arms against thegovernment for the purpose of withdrawing

    from the allegiance to the government orobedience to the law depriving theauthorities of any of their powers andprerogative

  • 8/8/2019 ppt ppt ppt

    50/58

    Involuntary Servitude-denotes a

    condition of enforced, compulsory

    service of one to another

    a. Slavery-the state of entire subjection of

    one person to the will of another

    b. Peonage-the voluntary submission of aperson to the will of another because of

    debt

  • 8/8/2019 ppt ppt ppt

    51/58

    Exceptions:

    1. When the involuntary servitude is

    imposed as a punishment for a crime2. When personal military or civil service is

    required for the defense of the state

    3. to injunction requiring striking laborers to

    return to work pending settlement of anindustrial dispute

    4. The exercise of parents authority torequire their children to performreasonable amount of work

    5. When there is a proper exercise of thepolice power of the state

  • 8/8/2019 ppt ppt ppt

    52/58

    Article 274 Revised PenalCodeServices rendered under compulsion in payment of debt

    Penalty-aresto mayor- (one month and one day to 6months)

    Offense-is an act of omission committed by means of faultand is punishable by law

    CapitalOffense- it is an offense which under the lawexisting at the time of its commission, and at the time ofthe appreciation to be admitted to bail, may be punishedby death.

    Heinous Crimes-crimes which are grossly wicked,reprehensible or blamable

    -crimes being grievous, odious and hateful offenses andwhich by reason of their inherent of manifest wickedness,viciousness, atrocity and fewersity are repugnant andoutrageous to the common standards and norms ofdecency and morality in a just and ordered society.(Reversed Penal Code 1994 Supplement)

  • 8/8/2019 ppt ppt ppt

    53/58

    Crimes Punishable by death penalty (Heinous Crimes)

    1. Treason- a citizen who levies war against the Philippinesor adheres to her enemies, giving them aid or comfort

    2. Qualified piracy3. Qualified Bribery4. Parricide- any person who shall kill his father, mother or

    child within legitimate or illegitimate or any of hisascendants or descendants or his spouse.

    5. Murder By treachery In consideration of a price, reward or promise By means of inundation, fire, explosion, ship wreck, assault With evident premidelation With cruelty and inhumanly augmenting suffering of victim

    or outraging or scoffing at his perm or corpse Kidnapping for ransom or with rape Distinctive arson Rape with homicide Drug trafficking

  • 8/8/2019 ppt ppt ppt

    54/58

    Reclusion Perpetua- the penalty ofreclusion perpetua shall be from 20 yearsand one day to forty years

    Felonies- acts and omission punishableby law

    Consumated felony- when all elements

    necessary for its execution andaccomplishments are present.

    Frustrated- when the offender performsall the acts of execution which would

    produce the felony as a consequencebut which nevertheless do not produce itby reason of causes independent of thewill of the perpetrator.

  • 8/8/2019 ppt ppt ppt

    55/58

    Attempted- when the offender commences thecommission of a felony directly or overt acts, anddoes not perform all the acts of execution whichshould produce the felony by reason of some causeor accident other than his own spontaneousdesistance.

    Debt- is any liability to pay money growing out of anycontract, express or implied.

    Kinds of Quasi-contracts

    1. NegotitiumGestio- when a person voluntarilyassumes the affairs of another person withoutprevious agreement between them and thereafterrights and obligations are created between them.

    2. Solutio Indebiti- happens when money or property isdelivered by mistake but received in good faith,thereafter upon realizing that the delivery was amistake, that thing must be returned to the lawfulowner.

  • 8/8/2019 ppt ppt ppt

    56/58

    Acting in Good Faith- the person is totallyinnocent of the mistake he committed.

    Acting in Bad Faith- the person alreadyknows that what he is going to do is wrong. Delicts- acts or omissions punishable by law

    after an accused is found guilty ofcommitting a crime, he is obliged to pay

    the damaged created on the part of thevictim.

    Actual damage- total expenses broughtabout by the recovery

    Compensatory damage- the time and themoney he should have earned if he didnt

    meet the accident. Moral damage- the gains, shame, the

    sleepless nights, the humiliation

  • 8/8/2019 ppt ppt ppt

    57/58

    Quasi-delicts- also called torts, it is actpunishable by law committed out ofnegligence and causing damage toanother person and therefore he is obligedto pay for the damage.

    Double Jeopardy- a second prosecutionafter the prior trial for the same offense.

    -the danger to which an accused isexposed to being prosecuted a secondtime before a competent court.

    Supervening Event- means a subsequentoccurrence that takes place after thecommission of the act which changes thecharacter of the offense originallycommited.

  • 8/8/2019 ppt ppt ppt

    58/58

    Ex-Post Facto Law- a law which operates

    retrospectively

    1. Makes an act done before the passage of a law

    2. Aggravates a crime or makes it greater than

    when it was committed

    3. Changes the punishment and inflicts a greaterpunishment than what the law annexed to the

    crime, when committed

    4. Alters the legal rules of evidence and receive lesstestimony than the different testimony from whatthe law required at the time of the commission of

    the offense in order to convict the offender. Bill of Attainder- is a legislative act which inflicts

    punishment without a judicial trial.

    Bill of Pains and Penalties- if the punishment is less

    th d th