With the active participation of the solicitor

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Unformatted text preview: es of R.A. 9165. Drug testing in this case would violate a person’s right to privacy guaranteed under Sec. 2, Art. III of the Constitution. Worse still, the accused person’s are veritably forced to incriminate themselves. (SJS v. DDB, G.R. No. 157870, Nov. 3, 2008) t. RIGHT AGAINST INVOLUNTARY SERVITUDE Q: What is involuntary servitude? A: It is the condition where one is compelled by force, coercion, or imprisonment, and against his will, to labor for another, whether he is paid or not. GR: No involuntary servitude shall exist. XPNs: 1. Punishment for a crime for which the party has been duly convicted 2. Personal military or civil service in the interest of national defense 3. In naval enlistment, a person who enlists in a merchant ship may be compelled to remain in service until the end of a voyage 4. Posse comitatus or the conscription of able‐bodied men for the apprehension of criminals 5. Return to work order issued by the DOLE Secretary or the President 6. Minors under patria potestas are obliged to obey their parents u. PROHIBITED PUNISHMENT AND POLITICAL PRISONERS 110 Q: What are the punishments covered? A: Cruel, degrading, and inhuman form, extent, and duration punishments Q: When is a penalty cruel and inhuman? A: A penalty is cruel and inhuman if it involves torture or lingering suffering. Q: When is a penalty degrading? A: A penalty is degrading if it exposes a person to public humiliation. Q: What are the standards used to determine if the penalty is cruel and inhuman? A: 1. The punishment must not be so severe as to be degrading to the dignity of human beings 2. It must not be applied arbitrarily 3. It must not be unacceptable to contemporary society 4. It must not be excessive, and it must serve a penal purpose more effectively than a less severe punishment would 5. Excessive fine, or one which is disproportionate to the offense Note: Mere severity does not constitute cruel or inhuman punishment. To violate constitutional guarantee, penalty mus...
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This document was uploaded on 03/12/2014.

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