2. Exceptions

Jus ad Bellum v. Jus in Bello

• Jus ad bellum refers to the conditions under which States may resort to war or to the use of armed force in general. The prohibition against the use of force amongst States and the exceptions to it (self-defense and UN authorization for the use of force), set out in the United Nations Charter of 1945, are the core ingredients of jus ad bellum
• Jus in bello regulates the conduct of parties engaged in an armed conflict. IHL is synonymous with jus in bello; it seeks to minimize suffering in armed conflicts, notably by protecting and assisting all victims of armed conflict to the greatest extent possible. (ICRC)

Political Prisoners

The State cannot detain a person as a “political prisoner”. (Bernas, The 1987 Constitution: A Comprehensive Reviewer, 152, 2011) Article III, Section 18(1) of the 1987 Constitution prohibits detention solely by reason of a person’s political beliefs and aspirations.

Exceptions to the prohibition on involuntary servitude under Article III, Section 18(2) of the 1987 Constitution:

• Service imposed as punishment for a crime.
• Personal military or civil service required for national defense.
• Service by a person who has enlisted on a merchant ship until the voyage ends.
• Service under posse comitatus, by which every able-bodied person may be called upon to help keep the peace and apprehend criminals.
• Compliance with a return-to-work order issued by the DOLE Secretary or the President.
• Obedience owed by minors to their parents under patria potestas. (Bernas, The 1987 Philippine Constitution: A Comprehensive Reviewer, 152, 2011)

Purpose

To honor the presumption of innocence until his guilt is proven beyond reasonable doubt. To enable him to prepare his defense without being subjected to punishment before conviction (Cortes v. Catral, A.M. No. RTJ-97-1387, Sept. 10, 1997)

The main purpose of bail is to relieve an accused from the rigors of imprisonment until his conviction and secure his appearance at the trial. Thus, as bail is intended to secure one’s provisional liberty, the same cannot be posted before custody over him has been acquired by the judicial authorities, either by lawful arrest or voluntary surrender. Only those who have been either arrested, detained, or otherwise deprived of their freedom, will ever have the occasion to seek the protective mantle extended by the right to bail. But the person seeking provisional release need not wait for a formal complaint or information to be filed against him. (Paderanga v. Court of Appeals, G.R. No. 115407, Aug. 28, 1995)

General Rule: All persons actually detained shall, before conviction be entitled to bail. (PHIL. CONST., art. 3, § 13).

Since bail is constitutionally available to “all persons”, it must be available to one who is detained even before formal charges are filed.

Exceptions:

• Persons charged with offenses punishable by reclusion perpetua or life imprisonment, when evidence of guilt is strong. The Constitution also mentions death, but its imposition is prohibited by RA 9346. (PHIL. CONST., art. 3, § 13; RA 9346, §§ 2–3)

For the purpose of determining whether an offense is punishable by reclusion perpetua, what is determinative is the penalty provided for by law regardless of the attendant circumstances.

To require more than that would practically entail a full-dress trial thereby defeating the purpose of bail which is to enable the accused to obtain liberty pending trial.

Strong evidence means “proof evident” or “presumption great.”

• Persons who are members of the AFP facing a court martial

Exceptions:

• Policy determining – Where the officer lays down principal or fundamental guidelines or rules; or formulates a method of action for government or any of its subdivisions; e.g. department head.
• Primarily confidential – Denoting not only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy which ensures freedom of intercourse without embarrassment or freedom from misgivings or betrayals on confidential matters of state (De los Santos v. Mallare, G.R. No. L-3881, Aug. 31, 1950). The nature of the position’s duties, rather than its designation, determines whether it falls within the exception (1987 Constitution, Art. IX-B, Sec. 2(2)).
• Highly technical – Requires possession of technical skill or training in supreme degree. (De los Santos v. Mallare, supra)

What is the exception?

Sovereign immunity and diplomatic immunity.

Requisites for Exception:

• Unmanageable public sector deficit;
• Recommendation of the Secretaries of (a) Finance, (b) Internal and Local Gov’t, and (c) Budget and Management; and
• Consultation with (a) heads of both houses of Congress, and (b) presidents of the liga.

Exceptions

• Fair comment on matters of public interest: Fair comment is that which is true or, if false, expresses the real opinion of the author based upon reasonable degree of care and on reasonable grounds

If the comment is an expression of opinion based on established facts, then it is immaterial that the opinion happens to be mistaken, as long as it might reasonably be inferred from the facts [Borjal v. CA, 361 Phil. 1 (1999)].

• Criticism of official conduct: Given the widest latitude [US v. Bustos, G.R. No. L12592 (1918)]