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Serafin v. Lindayag -‐ a criminal complaint was filed People v. Merillo -‐ the accused was charged with
with respondent judge charging that "the above-‐ violation of a law requiring employers to pay the
named accused with intent of gain did then and there salaries of their employees at least once every two
willfully, unlawfully and feloniously owe the sum of weeks and pro viding that failure to do so shall be
One Thousand Five Hundred Pesos, (Pl.500.00) considered prima facie evidence of fraud committed
Philippine currency; that said amounts has long been through false pretenses. Against the challenge that it
due since January 28, 1971" and "that the accused violated the constitutional prohibition against
failed to pay her account in spite of due notice sent by imprisonment for debt, the Supreme Court held the
registered mail and up to the present she failed to law to be valid, since "what is being punished is the
settle her obligation." Although on the face of this fraud or deceit of the employer who, being able to
complaint no criminal offense had been committed, make payment, shall abstain or refuse to do so without
the judge nevertheless, after a rather hasty justification."
preliminary examination, issued a warrant for the
arrest of the defendant. The Supreme Court annulled The suspension of a civil servant for failure to pay a
his act, declaring it to be violative of the prohibition just and admitted debt is an administrative sanction
against imprisonment for debt. and does not violate the prohibition against
imprisonment for debt. (Flores vs. Tatad, 96 SCRA
Sura vs. Martin -‐ defendant in a civil action was 676)
ordered arrested for contempt of court because of his
failure, owing to his insolvency, to pay the plaintiff Poll tax -‐ Since a tax is not a debt but arises from the
past and future support. The Supreme Court held that obligation of the person to contribute his share in the
such arrest was invalid as it would in effect authorize maintenance of the government, failure to pay the
his imprisonment for debt in violation of the same can be validly punished with imprisonment.
Constitution. Exception: Poll tax, a specific fixed sum levied upon
every person belonging to a certain class without
Crime regard to his property or occupation
Although the debtor cannot be imprisoned for his This exception, adopted pursuant to the social justice
failure to pay his debt, he can be validly punished in a policy, reflects the tender regard of the law for the
criminal action if he contracted his debt through millions of our impoverished masses who cannot
fraud. afford even the nominal cost of a poll tax like the basic
community tax certificate. It was applied in the case of
In such a case, the act for which he is penalized is the People v. Linsangan, in favor of a person convicted of
deception he employed in securing the debt, not his non-‐payment of the old cedula tax whose appeal was
default in paying it. The responsibility of the debtor in pending at the time of the inclusion of the above rule
this situation arises not from the contract of loan, but in the 1935 Constitution.
ex delicto, i.e., from the commission of a crime. As his
obligation does not arise ex contractu, it is not
considered a debt under this provision.