sic itur ad astra

  SEC. 21. No ex post facto law or bill of attainder shall be enacted. Meaning of ex post facto law. (CAPE-SCP) An ex post facto law is 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; or (5) which in relation to the offense or its consequences, alters the situation of a person to his disadvantage ; or (6) assuming to regulate civil rights and remedies only, in effect, imposes penalty or deprivation of a right for something which when done was lawful; or (7) deprives a person accused o...

SEC. 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. The right against double jeopardy means that when a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without the express consent of the accused , the latter cannot again be charged with the same or identical offense. Double jeopardy provides three (3) related protections:  (1) against a second prosecution  for the same offense after acquittal;  (2) against a  second prosecution  for the same offense after conviction; and  (3) against  multiple punishments for the same offense. Purpose and basis of the right. (1) The guarantee has a strict application to criminal prosecution only. It pro...

SEC. 20.  No person shall be imprisoned for debt or  non-payment of a poll tax. Meaning of debt. Debt, as intended to be covered by the constitutional guarantee,  means any liability to pay arising out of a contract, express or  implied. In other words, debt, as used in the Constitution, refers to civil  debt or one not arising from a criminal offense. Purpose of prohibition against  imprisonment for debt. (1) The prohibition was brought about by the force of public  opinion which looked with abhorrence on statutes permitting the  cruel imprisonment of debtors.  The Constitution seeks to prevent  the use of the power of the State to coerce the payment of debts. (2) The control of the creditor over the person of his debtor has  been abolished on humanitarian considerations .  One should not b e punished on account of his poverty.  Moreover, the government  is not a proper party to private disputes .  It is not c...

SEC. 19.  (1) 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. (2) 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. Right against excessive fines. The question as to the amount of the fines that shall be imposed is  one addressed to the sound discretion of the court. If it keeps within  the limits of a statute, the fine cannot usually be held unreasonable.   Courts will be justified in declaring a fine prescribed by a statute  excessive only when it is clearly so, considering the nature of the  offense and the ability...