INVOLUNTARY SERVITUDE

This is not an absolute Rule

Exception: Military Service. In cases of
emergency. If there is a war, aggressive
war the state may compel able bodied
citizen to render military service.
Posse Comitatus- civil service to maintain
peace and order.
Pension- He is no longer a Filipino. You
cannot anymore required by the state to
render civil or military service. General na
nagpalit ng citizenship. Retired, nanghingi
ng pension.
Patria Potestas
Convicted of a Crime
PROHIBITION AGAINST THE IMPOSITION
OF CRUEL AND UNUSUAL PUNISHMENTS
What is Cruel and Unusual depends upon
the nature of the penalty that is going to
be imposed.
Death Penalty not cruel and unusual, it
depends upon the nature of the penalty to
be imposed not on gravity or length of
time.
PROHIBITION AGAINST EXCESSIVE FINES
RIGHT TO FOR ASSOCIATION
No compulsion to join.
IBP- no compulsion. Except payment of
dues and MCLE.
Closed Shop Agreement (INC)- non-
members must be removed from the
company. Can you remove INCs?
Victoriano vs. Elizalde Rope Co., The SC
upheld religious belief. INCs have the right
to join and they have the right not to join
unions.
Employees of the Govt- pwede sila mag
union but they cannot strike.
Lobby lang ang pwede. Why? because the
terms and condition of their employment
are governed by the law.
SSS EA vs. CA
-members of CS can join and form union,
they cannot go to strike because they are
rendering public service.
Mass leave? Hindi pwede sa Government.
They cannot. Because they are rendering
public service.
Demonstration during holiday, walang
pasok, etc? Pwede? Yes. But not at the
time while rendering public service.
Hampering the rendition of public service.

Supervisors? Rank and file union, sasali
ang supervisors. Hindi pwede. Why?
Because of a conflict of interest.
Union might be dominated by the
supervisors.
SUBJECT TO LIMITATION: Not intended for
illegal purposes, contrary to law.
NO ENCATMENT OF LAW THAT IS EX POST
FACTO/ BILL OF ATTAINDER
EX POST FACTO- law penalizes an act not
yet punishable at the time it is committed.
Retroactive in character, it is a penal law.
Enacted by the congress. Prejudicial to the
rights of the accused.
Wright vs. CA
Australian in the RP. Fugitive from justice
from Au.
Extradition was later on entered into
between Au and RP.
There is request by AU to RP to bring back
Wright to AU.
Wright went to court and argued that he
treaty is ex post facto law. Tama ba?
Penal ba?
Enacted ba ng Cong?
Prejudicial? Oo
Retro ba?oo.
SC: wright is wrong.
Treason was committed, subsequently, an
amendment sa 2 witness rule. Isa na lang
daw. May legislation. Ex post facto ba?
Yes! It changes the rule of evidence that is
required to prove the guilt of the accused
beyond reasonable doubt.
Ex Post facto- defenses privileges
acquired are forfeited.
Napardon na, presecription, but here
comes a law that deprives you of such
defenses. That is an example of ex post
facto law.

Nilipat SB to ordinary court. No ex post
facto.
RA 1379 FORFEITURE LAW. Ex Post facto
ba? Retroactive. Civil in nature nga lang
sya.
- It imposes a penalty, forfeiture.
- Civil nga but it partakes in the
nature of criminal because of the
penalty imposed, forfeiture.
Bill of Attainder
- Law that penalizes you without
being charged, without judicial
proceedings, walang trial etc. Law
itself determines that you are a
convict.
People vs. Ferrer
- Anti Subversion Law not a bill of
attainder, NPA. You have yet to be
charged, tried and present evidence.
That is not a bill of attainder.
HABEAS CORPUS:
Child: nasa lola.
SC: most important consideration,
development of the child.
Father or Mother 7 above, it is open
question. Court may recognize the choice
of the child.