BILL OF
ATTAINDER
FACTS:
Co-respondents
herein were charged in violation of RA 1700 or Anti Subversion Law by
instigating, recruiting, inciting others to rise up and take arms against the
Government with the purpose of overthrowing the Government of the Philippines.
Respondents, who
were charged in violations of RA 1700 (Anti Subversion Law) moved to quash the
charged and alleged that the said law is Bill of Attainder.
The Law punishes
any person who "knowingly, wilfully and by overt acts affiliates himself
with, becomes or remains a member of the Party or of any other similar
"subversive organization.
ISSUE:
Whether or not the
law in question or the RA 1700/ Anti Subversion Law is a bill of attainder.
HELD:
No.Article 3 Section
22 of the Constitution provides:
No ex post facto
law or bill of attainder shall be enacted.
A Bill of Attainder
is a legislative act which inflicts punishment without trial. Its essence is
the substitution of a legislative for a judicial determination of guilt. The
constitutional ban against bill of attainders serves to implement the principle
of separation of powers by confining the legislatures to rule-making and
thereby forestalling legislative usurpation of the judicial function.
The singling our of
a definite class, the imposition of burden on it, and a legislative intent to
stigmatise statute as a bill of
attainder.
1. The Supreme
Court held that when the act is viewed in its actual operation, it will be seen
that it does not specify the Communist Party of the Philippines or the member
thereof for the purpose of punishment. What it does is simple to declare the
party to be an organized conspiracy for the overthrow of the Government for the
purposes of the prohibition.
The term
"Communist Part of the Philippines" issues solely for definitional
purposes. In fact the act applies not only to the Communist Party of the Philippines
but also to "any organisation having the same purpose and their
successors." Its focus is not on individuals but on conduct.
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