Section 20. No person shall be imprisoned for debt or non0payment of a poll tax. 1. Explain the prohibition against imprisonment for debt. The cases touching on the subject reveal that the constitutional prohibition, stated in full, means this: No person may be imprisoned for debt in virtue of an order in a civil proceeding, either as a substitute for satisfaction for a debt or as a means of compelling satisfaction; but a person may be imprisoned as a penalty for a crime arising from contractual debt and imposed in a proper criminal proceeding. Note: debt is any liability to pay money growing out of a contract, express or implied. 2. What are the instances where a person may be imprisoned for fraudulent debt? If the fraudulent debt constitutes a crime (e.g. estafa) and The debtor has been duly convicted. 3. Does the conversion of the monetary indemnity, imposed as part of a criminal penalty, into subsidiary imprisonment violate the prohibition of imprisonment for debt? No, because the obligation to indemnify was not ex contractu but ex delicto.
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- Fall '16
- Debt, criminal law, Estafa, fraudulent debt