Provisions.docx

Provisions General Principles of Criminal Law Definitions State Authority to punish crimes   

Sec 1, Art II, 1987 Constitution – The Philippines is a democratic a republican state. Sovereignty resides in the people and all government authority emanates from them. Sec 5, Art II, 1987 Constitution - The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all people of blessings of democracy Sec 1, Art IV, 1987 Constitution – The legislative power shall be vested in the Congress of the Philippine which shall consist of a Senate, and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum

Limitations  



  

Sec 1, Article III, 1987 Constitution – No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws Sec 14, Article III, 1987 Constitution – (1) No person shall be held to answer for a criminal offense without due process of law. (2) in all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of the witness and the production of evidence on his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. Sec 1,8 Article III, 1987 Constitution – (1) No person shall be detained solely by reason of his politic beliefs and aspirations (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted Sec 19, Article III, 1987 Constitution Sec 20, Article III, 1987 Constitution Sec 22, Article III, 1987 Constitution