Raimah M. PPT

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    agandang Buhay

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    Section19

    (1)Excessive fines shall not be imposed, norcruel, degrading or inhuman punishment

    inflicted. Neither shall the death penalty be

    imposed, unless for compelling reasons

    involving heinous crimes the ongress hereafterprovides for it. !ny death penalty already

    imposed shall be reduced to reclusion perpetua.

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    Death Penalty for Heinous Crimes

    (Republic Act No. 7659

    An act to impose the death penalty on certain heinous

    crimesAmend several provisions of theRevised Penal Code of

    the Philippines.

    Approved on December 13, 1993.

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    "une #$,#%%&

    Republic Act No. 9346 entitled An Act Prohibiting the

    Imposition of eath Penalt! in the Philippines "as

    signed b! Pres. #loria $acapagal%Arro!o.

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    (#)'he employment of physical, psychological, or

    degrading punishment against any prisoner or

    detainee or to use of substandard or inadeuate

    penal facilities under subhuman conditions shall

    be dealt ith by la.

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    Afine is excessive when under any circumstance.

    Apunishment is cruel and unusual if it is flagrantly and

    plainly oppressive and wholly disproportionate to the

    nature of the offense as to shock the moral sense of the

    community.

    *eath penalty, which is recognized by the 193 and

    19!3 constitutions, is not considered as cruel and

    unusual punishment.

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    Section #%

    No person shall be imprisoned for dept or

    non+payment of poll tax.

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    oll tax is a ta" of a fi"ed amount imposed on the

    individuals residing within a specified territory, whether

    citizen or not, without regard to their property or the

    occupation they are engaged in.

    *ebt means any liability to pay money out of a contract

    e"pressed or implied and not payment, arising from crimes

    or delicts.

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    Exceptions# $here is no violation of section %& in the

    following cases#

    $o imprison a person for failure to pay license fees or

    ta"es.

    $o imprison one for failure to pay fines and penalties

    imposed by the court in a criminal case.

    $o penalize an employer who refused to pay his

    employees their corresponding wages

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    SE'-N #1

    No person shall be tice put in /eopardy of

    punishment for the same offense. -f an act is

    punished by a la and an ordinance, conviction,

    or acuittal under either shall constitute a bar to

    another prosecution for the same act.

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    $he right against double /eopardy means that when a

    person is charged with an offense and the case is terminated

    either by ac'uittal or conviction or in any other manner

    without the e"pressed consent of the accused.

    An accused is placed in legal (eopardy when sub(ected or

    tried under the following conditions#

    )e has been previously brought to trial upon a valid

    complaint or information*

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    +nformationcomplaint was filed before a court of

    competent (urisdiction*

    )e has been arraigned and has pleaded to the charge*

    )e has been convicted or ac'uitted or the case against

    him has been dismissed or otherwise terminated without his

    e"press consent*

    )e is presently charged for the same offense.

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    Section ##

    No ex+post facto la or bill of attainder shall

    be enacted.

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    Ex post facto la

    An act of punishable in a manner in which it was

    not punishable when committed or which increases the

    punishment more than what the law anne"ed to the crime when

    committed.

    -" post facto law partakes in any of the following forms#

    A law that makes an action already done, criminal and

    punishes such action*

    A law that aggravates a crime or makes it greater than that it

    was when committed*

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    A law that changes the punishment*

    A law that alters the legal rules of evidence and receives

    less or different testimony of the offense in order to easily

    convict the offender.

    0ill of !ttainder

    A legislative act which inflicts punishment without

    (udicial trial. $he prohibition against the enactment of bill of

    attainder is designed as a general safeguard against

    legislative e"ercise of the (udicial function, or simply, trial

    by legislature.

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