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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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
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Guides to the practices
of freedom of speech1. Clear and present
danger rule2. Dangerous Tendency
rule3. Balance of interest rule
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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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
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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.
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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.
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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
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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.
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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