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Article III - Section 16-22

PolSci 101 B Report

Mark Anthony Cabilo

on 19 February 2013

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Transcript of Article III - Section 16-22

Article III - Bill of Rights Sections 16 -22 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 of cases can be invoked only after the termination of the trial or hearing of a case. Under the present Constitution, the Supreme Court, all lower collegiate courts, and all other lower courts are required to decide or to resolve cases within a certain period of time. The provision contemplates the disposition of cases involving private interests not only before judicial, but also before quasi-judicial and administrative bodies. Section 17. No person shall be compelled to be a witness against himself. Quasi-judicial bodies Administrative Bodies Right against self-incrimination founded on the grounds of Public policy and Humanity. It protects as well the right to remain silent, as included in the Miranda rights; meaning, his failure to testify may not be used as a presumption of guilt or taken as evidence against him. Scope of Guarantee the right against self-incrimination applies in criminal cases as well as in civil, administrative, and legislative proceedings where the fact asked for is a criminal one. Nature of Guarantee Personal Protection against public ridicule Protection from further irrelevant liabilities Applicable to present criminality Available only against testimonial compulsion. Form of testimony prohibited. Exceptions where the right is not violated: 1. The accused is forced to discharge morphine from his mouth. 2. The accused is compelled to place his foot on a piece of paper to secure his footprint. 3. The accused is compelled to be photographed or remove his garments and his shoes. 4. Where a woman accused of adultery is compelled to permit her body to be examined by physicians to determine if she is pregnant. 5. The voluntary confession (given in the preliminary of the investigation) of the accused is admitted at the trial. Section 18. (1) No person shall be detained solely by reason of his political 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. Right against detention solely by reason
of political beliefs and aspirations. A guarantee against having "prisoners of conscience." Incarceration without charges of "political prisoners." Meaning of Involuntary Servitude. denotes a condition of enforced, compulsory service of one to another. It includes: 1. Slavery or the state of entire subjection of one person to the will of another; and

2. Peonage or the voluntary submission of a person (peon) to the will of another because of his debt. Purpose and Basis of Prohibition. to maintain a system of free and voluntary labor by prohibiting the control by which the personal service of one is disposed of or coerced for another's benefit. Human dignity is not a merchandise... Exceptions to prohibition. (1) when the involuntary servitude is imposed as a punishment of crime whereof the party shall have been duly convicted.

(2) when personal military or civil service is required of citizens for the defense of the State.

(3) to injunctions requiring striking laborers to return to work pending settlement of an industrial dispute. (4) to exceptional services, such as military and naval enlistment.

(5) to exercise by parents of their authority to require their children to perform reasonable amount of work.

(6) when there is a proper exercise of the police power in the State. end of first part
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