Crim 4 Finals
Crim 4 Finals
Crim 4 Finals
BILL OF 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.
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.
Section 3. (1) 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.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press,
or the right of the people peaceably to assemble and petition 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.
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.
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.
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.
Section 9. Private property shall not be taken for public use without just compensation.
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.
(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.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and 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.
(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.
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.
Section 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
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.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the 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.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
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.
1. The BJMP
The Bureau of Jail Management and Penology is one of the tri-bureau created by virtue
of Republic Act No. 6975, the Department of the Interior and Local Government Act of
1990. One of its amendatory laws was enacted in March 2004, Republic Act No. 9263,
the Bureau of Fire Protection and Bureau of Jail Management and Penology
Professionalization Act of 2004. Republic Act No. 9592, another amendatory law, was
enacted on May 8, 2009, amending the provisions on educational qualifications of
BJMP personnel, among others.
By virtue of RA 9263, an act professionalizing the Bureau of Jail Management and Penology, jail
personnel shall be developed in promoting jail administration guided by the principle that public service
is a public trust and all public servants must at all times be accountable to the people. They shall serve
with utmost responsibility, integrity, morality, loyalty and efficiency with due respect to human rights as
enshrined in the 1987 Constitution and international covenant on managing PDL and their dignity as
hallmarks of a democratic society. They shall at all times bear faithful allegiance to the legitimate
government, support and uphold the Constitution, respect the duly constituted authorities, and be loyal
to the jail service. The Office of the Ombudsman, in the pursuit of its bounded duty to eradicate graft
and corruption in the government, has required government agencies to promulgate a Code of Conduct
(BJMP Memorandum Circular 125).
LESSON 17 BOOK: OBJECTIVES OF THE
BJMP CODE OF ETHICAL STANDARD
2. Scope
The BJMP Code of Ethical Standards shall be applicable to all BJMP personnel, both
uniformed and non-uniformed.
3. Definition of Terms
Definition of Terms
Code of Ethics
- a set of principles of conduct within an organization that guide decision-making
and behavior
Code of Conduct and Ethical Standards
- for public officials and employees, to at all times discharge their duties with
utmost responsibility, integrity, competence and loyalty, act with patriotism and justice,
lead modest lives, and uphold the time-honored principle of public office being a public
trust
Ethics
- refers to a professional code of conduct for those who work in and for the
government
- government ethics identifies what are the correct behaviors an employee must
do in a given situation
- also establishes rules of conduct for public officials to follow
Public Office
- the right, authority or duty created and conferred by law, by which for a given
period, either fixed by law or enduring at the pleasure of the appointing power, an
individual is vested with some sovereign power of government to be exercised by
him/her for the benefit of the public
Values
- a person's principles or standards of behavior
Virtue
- Behavior showing high moral standards