Bill of Rights, Section 20
Bill of Rights, Section 20
Bill of Rights, Section 20
KA-POLI NOTES In the case of Serafin vs. Lindayag, why did the trial court issue
the warrant of arrest?
Because Judge Lindayag was able to “find probable cause” to
arrest Serafin on the ground of Estafa despite the simple
indebtedness that has taken place.
NON-IMPRISONMENT FOR DEBT Does tax on membership on the community without regard
to income, is that the accurate definition of poll tax?
No. It is the specific sum levied upon any person belonging to
What is the coverage of this Constitutionally mandated right?
a certain class without regard to property or occupation. A tax
(1.) Debt – It is any civil obligation arising from a contract. It
is not a debt to the State, but an obligation that arises from
includes even debts contained through fraud since no
law. Failure to pay the same can be validly punished with
distinction is made in the Constitution. While a debtor
imprisonment.
cannot be imprisoned for failure to pay his debt, he can
be validly punished in a criminal action if he contracted
his debt through fraud. Serafin vs. Lindayag
(2.) Poll tax – It is the specific sum levied upon any person A.M. No. 297-MJ. September 30, 1975
belonging to a certain class without regard to property
or occupation. A tax is not a debt to the State, but an Facts:
obligation that arises from law. Failure to pay the same ➔ Avelina Serafin was not able to pay the P1,500 she
can be validly punished with imprisonment. The only borrowed from Mrs. Corazon Mendoza.
exception is the payment of a poll tax. ➔ With this, a criminal complaint for Estafa was filed
against Serafin.
What are the two rights under Section 20? ➔ The respondent, Judge Lindayag, admitted the criminal
(1.) Non-imprisonment for debt; and complaint and issued the corresponding warrant of
(2.) Non-imprisonment for non-payment of poll tax. arrest. With this, Serafin filed an administrative case
against Judge Lindayag on the ground of gross
Does this provision apply to all obligations? ignorance of law, which was endorsed by the Executive
No. It only applies to obligation that arise from contracts, and Judge to the Department of Justice.
not any other sources.
Issue: W/N there was a violation of the Constitutional
mandate against non-imprisonment of debt when the judge
ordered the imprisonment of Serafin.