A 9225 also known as the citizenship retention and

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: t be flagrant and plainly oppressive, disproportionate to the nature of the offense as to shock the senses of the community. v. NON‐IMPRISONMENT FOR DEBT Q: What is the coverage of this section? A: 1. Debt – any civil obligation arising from contract 2. Poll tax – a specific sum levied upon any person belonging to a certain class without regard to property or occupation (e.g. Community tax) Note: A tax is not a debt since it is an obligation arising from law. Hence, its non‐payment maybe validly punished with imprisonment. Only poll tax is covered by the constitutional provision. If an accused fails to pay the fines imposed upon him, this may result in his subsidiary imprisonment because his liability is ex delicto and not ex contractu. POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. BILL OF RIGHTS Q: If the debtor contracted the debt through fraud, may he be imprisoned? A: Generally, a debtor cannot be imprisoned for failure to pay his debt. However, if he contracted his debt through fraud, he can be validly punished in a criminal action as his responsibility arises not from the contract of loan but from commission of a crime. (Lozano v. Martinez, G.R. No. L‐63419, Dec.18, 1986) w. DOUBLE JEOPARDY Q: What is Double Jeopardy? A: When a person was charged with an offense and the case was terminated by acquittal or conviction or in any other manner without his consent, he cannot again be charged with the same or identical offense. (Melo v. People, G.R. No. L‐3580, Mar. 22, 1950) Q: What are the two types of double jeopardy? A: 1. No person shall be twice put in jeopardy of pun...
View Full Document

This document was uploaded on 03/12/2014.

Ask a homework question - tutors are online