BILL OF RIGHTS

Lecture Prepared By:

FLORENTINO P MANALASTAS JR
COL (GSC) PROF

Presented By:
P2LT MAY C GARINGARAO JAGS
09/20/20
 BILL OF RIGHTS
DECLARATION AND ENUMERATION OF A
PERSON’S RIGHTS AND PRIVELEGES WHICH
THE CONSTITUTION IS DESIGNED TO
PROTECT AGAINST VIOLATIONS BY THE
GOVERNMENT, OR BY AN INDIVIDUAL OR
GROUPS OF INDIVIDUALS
CHARTER OF LIBERTIES FOR THE INDIVIDUAL
AND A LIMITATION UPON THE POWER OF THE
STATE
1987 CONSTITUTION INCORPORATES IN ART III
ALL THE BASIC RIGHTS IN THE FORMER
CHARTER. IT ALSO AWARDS NEW RIGHTS TO
THE INDIVIDUAL (SECS 8, 11, 12, 13, 18[1],
19)
Constitution of 1987 – the fourth fundamental
law to govern the Philippines since it became
independent on July 4, 1946

1935 Commonwealth Constitution

1973 Constitution
1986 Freedom Constitution
 1987 CONSTITUTION
NUMBER TITLE

ARTICLE I NATIONAL TERRITORY

ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES

PRINCIPLES
ARTICLE III BILL OF RIGHTS
ARTICLE IV CITIZENSHIP
ARTICLE V SUFFRAGE
ARTICLE VI THE LEGISLATIVE DEPARTMENT
ARTICLE VII EXECUTIVE DEPARTMENT
ARTICLE VIII JUDICIAL DEPARTMENT

ARTICLE IX CONSTITUTIONAL COMMISSION

ARTICLE X LOCAL GOVERNMENT
ARTICLE XI ACCOUNTABILITY OF PUBLIC OFFICERS
ARTICLE XII NATIONAL ECONOMY AND PATRIMONY
ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS
ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, ARTS,
CULTURE AND SPORTS
ARTICLE XV THE FAMILY
ARTICLE XVI GENERAL PROVISIONS
ARTICLE XVII AMENDMENTS OR REVISIONS
ARTICLE XVIII TRANSITORY PROVISIONS
 CLASSES OF RIGHTS
NATURAL RIGHTS – possessed by every
citizen without being granted by the
State for they are given to man by God.
CONSTITUTIONAL RIGHTS – conferred by
the Constitution; can not be modified or
taken away by the law-making body.
STATUTORY RIGHTS – provided by law
promulgated by the law-making body
and consequently, may be abolished by
the same body.
 Role of the JUDICIARY
BALANCES THE INTERESTS OF THE
INDIVIDUAL AND THE GROUP WELFARE
IN THE ADJUDICATION OF DISPUTES
THAT IS FAIR AND JUST TO THE
PARTIES INVOLVED AND BENEFICIAL TO
THE LARGER INTERESTS OF THE
COMMUNITY OR THE PEOPLE AS A
WHOLE
ACTS AS ARBITER OF THE LIMITS OF
GOVERNMENTAL POWERS ESPECIALLY
IN RELATION TO INDIVIDUAL RIGHTS
Section 1. 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.
The protection extends to all
persons without regard to any
difference of race, color or
nationality

Artificial persons - property

POLICE POWER regulates not
only the property but, more
importantly, the liberty of
private persons, and virtually
all the people. It is in this sense
that the police power may be
regarded as infinitely more
important than eminent domain
or taxation .
DEFINITION OF POLICE POWER
1) Power vested in the legislature
2) By the Constitution
3) To make, ordain and establish
4) All manner of wholesome and reasonable
laws, statutes, and ordinances
5) Either with penalties or not
6) Not repugnant to the Constitution
7) As they shall judge to be for the good and
welfare of the commonwealth and of the
subjects of the same
Ermita-Malate Hotel and Motel Operators Association, Inc. v
Mayor of Manila, L-24693, July 31, 1967
MEANING OF DUE PROCESS
“responsiveness to the supremacy
of reason, obedience to the
dictates of justice”
- Chief Justice Enrique Fernando, Supreme Court of the
Philippines

“the embodiment of the sporting

idea of fair play”
- Justice Frankfurter, US Supreme Court
ESSENCE OF DUE PROCESS
DUE PROCESS requires a hearing before
conviction and before an impartial and
disinterested tribunal. But due process as a
constitutional precept does not, always and
in all situations, require a trial type
proceeding (Zaldivar vs Gonzales, 152 SCRA
272). The essence of due process is found in
the reasonable opportunity to be heard and
submit any evidence, one may have in
support of one’s defense (Tajonera vs
Lamazoro 110 SCRA 438) “To be heard” does
not only mean verbal arguments in court;
one may be heard also through pleadings.
Where opportunity to be heard, either
through oral arguments or pleadings, is
accorded, there is no denial of due process”
(Juanita Yap Say vs IAC GR No 73451)
 ASPECTS OF DUE PROCESS
PROCEDURAL DUE PROCESS – refers to the mode of
procedure which government agencies must follow
in the enforcement and application of laws.
- requires a procedure “which hears before it
condemns, which proceeds upon inquiry, and
renders judgment only after trial” – Dartmouth
College case
* indispensable requirement – NOTICE and
HEARING (opportunity to be heard)
SUBSTANTIVE DUE PROCESS – prohibition again
arbitrary laws; the law itself, not merely the
procedures by which the law would be enforced, is
fair, reasonable, and just. In other words, no
person shall be deprived of his life, liberty, or
property for arbitrary reasons or on flimsy grounds.
 REQUIREMENTS OF PROCEDURAL DUE
PROCESS (Civil or Criminal)

(a) An impartial court clothed by law with

authority to hear and determine the matter
before it;
(b) Jurisdiction lawfully acquired over the
person of the defendant or property which is
the subject matter of the proceeding;
(c) Opportunity to be heard given the
defendant;
(d) Judgment to be rendered after lawful
hearing.
 REQUISITES OF SUBSTANTIVE DUE PROCESS

(a) The means are reasonable for the

accomplishment of the purpose of the law;
(b) The law must be intended for the
interest of the public rather than for private
interest.
Substantive due process requires the intrinsic
validity of the law in interfering with the rights
of the person to his life, liberty and property.
The inquiry in this regard is not whether or not
the law is being enforced in accordance with the
prescribed manner but whether or not it is
proper exercise of legislative power.
REQUIREMENTS OF ADMINISTRATIVE DUE
PROCESS
(a) The must be a hearing where the
evidence is presented;
(b) The tribunal must consider the evidence;
(c) The decision must be supported by the
law;
(d) The evidence must be presented in the
hearing or at least contained in the record
and known to the parties affected;
(e) The tribunal must rely on independent
judgment; and
(f) The decision must state the facts and law
so that the parties may know the issue.
CONCEPT OF EQUAL PROTECTION CLAUSE

- EQUALITY IN THE ENJOYMENT OF

SIMILAR RIGHTS AND PRIVELEGES
GRANTED BY LAW
- NO PERSON OR CLASS OF PERSONS
SHALL BE DENIED THE SAME
PROTECTION OF THE LAW ENJOYED
BY THE SAME CLASS
- IT DOES NOT GUARANTEE ECONOMIC
EQUALITY BUT ONLY EQUALITY
BEFORE THE LAW
Section 2. The right of the people to be
secure in their persons, houses, papers,
and effects against unreasonable
searches and seizures of whatever nature
and for any purpose shall be inviolable,
and no search warrant or warrant of arrest
shall issue except upon probable cause to
be determined personally by the judge
after examination under oath or
affirmation of the complainant and the
witnesses he may produce, and
particularly describing the place to be
searched and the persons or things to be
seized.
Probable Cause signifies a reasonable
ground of suspicion supported by
circumstances sufficiently strong in
themselves to warrant a cautious man's
belief that the person accused is guilty of
the offense with which he is charged; or the
existence of such facts and circumstances
which could lead a reasonably discreet and
prudent man to believe that an offense has
been committed and that the item(s),
article(s) or object(s) sought in connection
with said offense or subject to seizure and
destruction by law is in the place to be
searched.
The determination of a
probable cause is a function of
the judge. It is not for the
prosecutor to determine. Only
the judge and the judge alone
makes this determination
(People vs Hon Enrique Inting)
MEANING OF ESEARCH WARRANT AND
WARRANT OF ARREST
SEARCH WARRANT – an order in writing
issued in the name of the People of the
Philippines, signed by a judge and
directed to a peace officer,
commanding him to search for certain
personal property and bring it before
the court.
WARRANT OF ARREST – written order
commanding to arrest a person
designated, i. e., to take him into
custody in order that he may be bound
to answer for the commission of an
offense.
 RULE 113 RULES OF COURT
Section 5. Arrest without warrant; when lawful. — A
peace officer or a private person may, without a
warrant, arrest a person:

(a) When, in his presence, the person to be arrested

has committed, is actually committing, or is
attempting to commit an offense;

(b) When an offense has just been committed, and

he has probable cause to believe based on personal
knowledge of facts or circumstances that the person
to be arrested has committed it; and

(c) When the person to be arrested is a prisoner

who has escaped from a penal establishment or
place where he is serving final judgment or is
temporarily confined while his case is pending, or
has escaped while being transferred from one
confinement to another.
 SEARCH WITHOUT WARRANT
(1) When there is consent or waiver;
(2) As an incident of a lawful arrest, subject to the following
requisites:
a) the arrest must be lawful;
b) the search and seizure must be contemporaneous
with the arrest;
c) the search must be within permissible areas of
search (Nolasco vs Pano, 139 SCRA 541)
(3) When there are prohibited articles open to the eyes and
hand
(4) In the case of contraband or forfeited goods being
transported by ship automobile, or other vehicle, where the
officer making it has reasonable cause for believing that the
latter contains them, in view of the difficulty attendant to
securing a search warrant.
(5) When it is an incident of an inspection, supervision and
regulation in the exercise of police power (restaurant by health
officers, factories by labor inspectors, books of account by
revenue officer)
(6) Routinary searches usually made at the border or at ports
of entry in the interest of national security and for the proper
enforcement of customs and immigration laws.
Evidence seized without a valid
Search Warrant is inadmissible
in any proceeding. A yield of
incriminating evidence will not
legitimize an illegal search.
Indeed, the end never justifies
the means.
(People vs Encinada)
 Section 3.
The privacy of communication and
correspondence shall be inviolable
except upon lawful order of the
court, or when public safety or
order requires otherwise, as
prescribed by law.

Any evidence obtained in violation

of this or the preceding section
shall be inadmissible for any
purpose in any proceeding.
COVERS LETTERS, MESSAGES,
TELEPHONE CALLS, TELEGRAMS, AND
THE LIKE

ALLOWED UPON LAWFUL ORDER OF THE

COURT OR WHEN PUBLIC SAFETY OR
ORDER REQUIRES OTHERWISE AS
PRESCRIBED BY LAW
RA 4200 (ANTI-WIRETAPPING ACT)
1. THE LAW DOES NOT DISTINGUISH BETWEEN A
PARTY TO THE PRIVATE COMMUNICATION OR A
THIRD PERSON. HENCE, BOTH A PARTY AND A
THIRD PERSON COULD BE HELD LIABLE UNDER
RA 4200 IF THEY COMMIT ANY OF THE
PROHIBITED ACTS UNDER RA 4200 (RAMIREZ VS
CA)
2. THE USE OF A TELEPHONE EXTENSION TO
OVERHEAR A PRIVATE CONVERSATION IS NOT A
VIOLATION OF RA 4200 BECAUSE IT IS NOT
SIMILAR TO ANY OF THE PROHIBITED DEVICES
UNDER THE LAW. ALSO A TELEPHONE EXTENSION
IS NOT PURPOSELY INSTALLED FOR THE PURPOSE
OF SECRETLY INTERCEPTING OR RECORDING
PRIVATE COMMUNICATION (GAANAN VS IAC)
Section 4.No law shall be
passed abridging the freedom of
speech, of expression, or of the
press, or the right of the people
to peaceably assemble and
petition the government for
redress of grievances.
FREEDOM OF EXPRESSION
implies the right to freely utter
and publish whatever one
pleases without previous
restraint, and to be protected
against any responsibility for so
doing as long as it does not
violate the law, injure someone’s
character, reputation or
business.
FREEDOM OF ASSEMBLY
includes right to hold peaceful
meetings and rallies.
RIGHT OF PETITION means
the right of any person or group
of persons to apply, or office of
the government for redress of
grievances.
Section 5. No law shall be made
respecting an establishment of
religion, or prohibiting the free
exercise thereof. The free
exercise and enjoyment of
religious profession and worship,
without discrimination or
preference, shall forever be
allowed. No religious test shall be
required for the exercise of civil or
political rights.
Art VI Sec 29(2) states that “No public
money or property shall be
appropriated, applied, paid, or
employed, directly or indirectly, for the
use, benefit, or support of any sect,
church, denomination, sectarian
institution, or system of religion, or of
any priest, preacher, minister, other
religious teacher, or dignitary as such,
except when such priest, preacher,
minister, or dignitary is assigned to
the armed forces, or to any penal
institution, or government orphanage
or leprosarium.”
Article II Section 6. “The separation of
Church and State shall be inviolable.”
Art IX C Sec 2 (5) “Register, after sufficient
publication, political parties, organizations,
or coalitions which, in addition to other
requirements, must present their platform
or program of government; and accredit
citizens' arms of the Commission on
Elections. Religious denominations and
sects shall not be registered. Those which
seek to achieve their goals through
violence or unlawful means, or refuse to
uphold and adhere to this Constitution, or
which are supported by any foreign
government shall likewise be refused
registration.
Section 6. The liberty of abode
and of changing the same within
the limits prescribed by law shall
not be impaired except upon
lawful order of the court. Neither
shall the right to travel be
impaired except in the interest of
national security, public safety,
or public health, as may be
provided by law.
The liberty of abode and travel
is the right of a person to have
his home in whatever place
chosen by him and thereafter to
change it at will, and to go
where he pleases, without
interference from any source
EXCEPTION:
- lawful order of the court (court
decisions of destierro, imprisonment)
- in the interest of national security
(curfew hours)
- public safety (commitment of
mentally deranged persons to a
mental institution; arrest and
detention of persons accused of
crimes)
- public health (confinement of those
with communicable diseases to a
hospital)
Section 7. The right of the people to
information on matters of public
concern shall be recognized. Access
to official records, and to documents
and papers pertaining to official acts,
transactions, or decisions, as well as
to government research data used as
basis for policy development, shall be
afforded the citizen, subject to such
limitations as may be provided by law.
Some recognized restrictions on
the right of the people to
information
1. National security matters
2. Intelligence information
3. Trade secrets
4. Banking transactions
5. Diplomatic correspondence
6. Executive sessions
7. Closed door cabinet meetings.
8. Supreme Court deliberations
Section 8. The right of the
people, including those
employed in the public and
private sectors, to form unions,
associations, or societies for
purposes not contrary to law
shall not be abridged.
The right to form organizations is the
freedom to organize or be a member
of any group or association, union, or
society, and to adopt the rules which
the members judge most appropriate
to achieve their purpose
It includes the right to leave and
cancel his membership or to abstain
from joining one.
Government employees have the
right to form unions. They also have
the right to strike unless there is a
statutory ban on them
Section 9. Private property shall
not be taken for public use
without just compensation.
Eminent domain is the right or
power of the State or of those
whom the power has been
lawfully delegated to take (or
expropriate) private property for
public use upon paying the
owner a just compensation to be
ascertained according to law.
Section 10. No law impairing
the obligation of contracts shall
be passed.
Obligation of contracts is the
law or duty which binds the
parties to perform their
agreement according to its
terms or intent, if it (agreement)
is not contrary to law, morals,
good customs, public order or
public policy.
The obligation of contracts is
impaired when its terms or
conditions are changed by law or by
a party without the consent of the
other, thereby weakening the
position or rights of the latter.

A law increasing or decreasing the

rate of interest for the loan of money
can not apply retroactively to loans
contracted before the enactment,
otherwise impairment will result
Section 11. Free access to the
courts and quasi-judicial bodies
and adequate legal assistance
shall not be denied to any
person by reason of poverty.
- Pauper litigants are exempted
from court fees (filing fees,
sheriff’s fees, attorney’s fees)
- Pro bono legal services are
extended
- Public Attorneys Office extends
free legal assistance
Section 12.
(1) Any person under investigation
for the commission of an offense shall
have the right to be informed of his
right to remain silent and to have
competent and independent counsel
preferably of his own choice. If the
person cannot afford the services of
counsel, he must be provided with
one. These rights cannot be waived
except in writing and in the presence
of counsel.
Rights of person under
investigation for the commission of
an offense.
(1) Right to remain silent
(2) Right to remain silent and to have
competent and independent counsel
preferably of his own choice.
(3) Right to be provided with the
services of counsel if he cannot afford
the services of one.
(4) Right to be inform of these rights.
When rights are available:
(1) AFTER a person has been taken
into custody or
(2) When a person is otherwise
deprived of his freedom of action in
any significant way.
(3) When the investigation is being
conducted by the government (police,
DOJ, NBI) with respect to a criminal
offense).
(4) Signing of arrest reports and
booking sheets.
When rights are not available:
(1) During a police line-up.
Exception: Once there is a move
among the investigators to elicit
admissions or confessions from the
suspect
(2) During administrative
investigation.
(3) Confessions made by an
accused at the time he voluntarily
surrendered to the police or outside
the context of a formal investigation.
(4) Statement made to a private
person.
Exclusionary rule:
(1) Any confession or admission
obtained in violation of Sec 12 shall
be inadmissible in evidence against
the accused
(2) Therefore, any evidence obtained
by virtue of an illegally obtained
confession is also inadmissible, being
a fruit of a poisonous tree.
Requisites of a valid waiver:
(1) in WRITING
(2) made in the PRESENCE OF A
COUNSEL.
Section 12.
(2) No torture, force,
violence, threat, intimidation,
or any other means which
vitiate the free will shall be
used against him. Secret
detention places, solitary,
incommunicado, or other
similar forms of detention are
prohibited.
Section 12.
(3) Any confession or
admission obtained in
violation of this or Section 17
hereof shall be inadmissible
in evidence against him.
Section 12.
Section 12.
(4) The law shall provide for
penal and civil sanctions for
violations of this Section as
well as compensation to the
rehabilitation of victims of
torture or similar practices,
and their families.
Section 13. All persons, except those
charged with offenses punishable by
reclusion perpetua when evidence of guilt
is strong, shall, before conviction, be
bailable by sufficient sureties, or be
released on recognizance as may be
provided by law. The right to bail shall not
be impaired even when the privilege of the
writ of habeas corpus is suspended.
Excessive bail shall not be required.
Section 14.

1. No person shall be held to answer for a

criminal offense without due process of law.
Due process in this context pertains more to
the procedural aspect. It requires that:
(1) The accused must be –
(a) tried before a competent court (i. e.
court having jurisdiction);
(b) given a fair and impartial trial; and
(c) allowed to use all legal means and
opportunity to defend himself; and
(2) The judgment awarded against him must be
within the authority of a valid law.
Section 14. (continuation)

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 witnesses
and the production of evidence in 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.
Burden of Proof – Prosecution
Quantum of Evidence – Proof Beyond
Reasonable Doubt
The accused must be present during the
arraignment and must personally enter his
plea.
After a plea of not guilty, the accused is
entitled to two (2) days to prepare for trial
unless the court for good cause grants him
further time.
Before arraignment, the court shall inform
the accused of his right to counsel and shall
ask him if he desires to have one. Unless the
accused is allowed to defend himself in
person, or he has employed counsel of his
choice, the court must assign a counsel de
oficio to defend himself.
Arraignment – reading of the information in the
open court and asking the accused whether he
pleads guilty or not guilty
Speedy trial – Justice delayed is justice denied
Impartial trial – absence of actual bias; decision
free from suspicion as to its fairness and
integrity
Public trial – open to all; friends and relatives
and others who may be inclined to watch the
proceedings to see orderly and impartial
administration of justice; those who are
inclined to attend from idle or morbid curiosity
only maybe excluded from trial
Section 15.The privilege of
the writ of habeas corpus
shall not be suspended
except in cases of invasion or
rebellion, when the public
safety requires it.
Writ of habeas corpus – an
order issued by a court of
competent jurisdiction,
directed to the person
detaining another,
commanding him to produce
the body of the prisoner at a
designated time and place,
and to show sufficient cause
for holding in custody the
individual so detained
Section 16. All persons shall
have the right to a speedy
disposition of their cases
before all judicial, quasi-
judicial, or administrative
bodies.
Justice delayed is justice
denied
The right to speedy
disposition can be invoked
only after the termination of
trial or hearing of a case
Section 17. No person shall
be compelled to be a witness
against himself.
Right against self-
incrimination includes right
to silence. Failure or refusal
to testify may not be used as
a presumption of guilt or
taken as evidence against
him.
- Accused was required to produce
documents
- The accused was required to produce a
specimen of his handwriting
- Accused is forced to discharge
morphine from his mouth
- Accused is compelled to be
photographed or to remove his garments
or shoes
- A woman accused of adultery is
compelled to permit her body to be
examined by physician to determine if
she is pregnant
- A voluntary confession given outside of
custodial investigation
Section 18.
No person shall be detained
solely by reason of his
political beliefs and
aspirations.
No involuntary servitude in
any form shall exist except as
a punishment for a crime
whereof the party shall have
been duly convicted.
Involuntary servitude – a
condition of enforced
compulsory service of one to
another.
Section 19.
Excessive fines shall not be imposed, nor
cruel, degrading or inhuman punishment
inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons
involving heinous crimes, the Congress
hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion
perpetua.
The employment of physical, psychological, or
degrading punishment against any prisoner or
detainee or the use of substandard or
inadequate penal facilities under subhuman
conditions shall be dealt with by law.
The amount of fine to be imposed is one
addressed to the sound discretion of the
court. What is excessive depends on the
nature of the offense and the ability of the
person punished to pay the fine
Punishment is cruel and inhuman when it
involves torture or lingering death.
It is degrading when it brings shame and
humiliation to the victim, or exposes him to
contempt or ridicule, or lowers his dignity
and self-respect as human being.
Section 20. No person shall
be imprisoned for debt or
non-payment of a poll tax.
Debt – any liability to pay money
arising out of a contract,
express or implied.

Poll tax – tax in fixed amount

imposed on individuals residing
within a specified territory,
whether citizens or not, without
regard to their property or the
occupation in which they may
be engaged.
Section 21. No person shall
be twice put in jeopardy of
punishment for the same
offense. If an act is punished
by a law and an ordinance,
conviction or acquittal under
either shall constitute a bar to
another prosecution for the
same act.
Right against double jeopardy – When
a person is charged with an offense
and the case is terminated either by
acquittal or conviction or in any
manner without the express consent
of the accused, the latter cannot again
be charged with the same identical
offense.

The guarantee protects against the

perils of a second punishment as well
as a second trial for the same offense.
Requisites for existence of double
jeopardy:
1. The accused has been previously
brought to trial
2. In a court of competent jurisdiction
3. Under a valid complaint or
information
4. He has been arraigned
5. He has been convicted or acquitted
or the case against him has been
dismissed or otherwise terminated
without his express consent; and
6. He is being charged again for the
same offense
Right to appeal in criminal cases:
1. The government has no right to
appeal from a judgment of acquittal
2. The accused, after having been
convicted, may appeal to a higher
court, but the latter may raise the
penalty imposed on him by the lower
court and such IS NOT second
jeopardy
Section 22. No ex post facto
law or bill of attainder shall be
enacted.
Ex post facto law – one which, operating
retrospectively-
(1) makes an act done before the passage
of a law, innocent when done, criminal, and
punishes such act; or
(2) aggravates a crime or makes it greater
than when it was committed; or
(3) changes the punishment and inflicts a
greater punishment than what the law
annexed to the crime, when committed; or
(4) alters the legal rules of evidence, and
receives less testimony than or different
testimony from what the law required at the
time of the commission of the offense, in
order to convict the offender.
Bill of attainder – legislative act which
inflicts punishment without a judicial trial

A law passed declaring members of

Guardian guilty of illegal association and
subjecting them to imprisonment is
unconstitutional because it convicts and
penalizes without judicial trial

The confinement of a soldier by a

Commanding Officer pending investigation
and trial is not a punishment, it is a
necessary extension of the well-recognized
power of the State to hold a criminal
suspect for investigation.
“THERE COULD BE NO
ABSOLUTE POWER WHOEVER
EXERCISES IT FOR THAT
WOULD BE TYRANNY; YET
THERE CAN NEITHER BE
ABSOLUTE LIBERTY FOR
THAT WOULD MEAN LICENSE
AND ANARCHY”