Bill of Attainder Essay

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1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES ARTICLE III BILL OF RIGHTS x x x Section 22. No ex post facto law or bill of attainder shall be enacted. Bill of Attainder n. pl. bills of attainder 1 : A legislative act pronouncing a person guilty of a crime, usually treason, without trial and subjecting that person to capital punishment and attainder. Such acts are prohibited by the U.S. Constitution. A legislative act formerly permitted that attainted a person and imposed a sentence of death without benefit of a judicial trial 1 2 : A legislative act that imposes any punishment on a named or implied individual or group without a trial Bills of attainder are prohibited by Article I of the U.S. Constitution.2 3 : A bill brought into, or passed by, a legislative body, condemning a person to death or outlawry, and attainder, without judicial sentence.3 4 : "The bill of attainder is a legislative act which inflicts punishment without judicial trial." 4 CASE LAW People vs. Ferrer, 48 SCRA 382 FACTS: This is a petition of the People of the Philippines questioning the decision of Hon. Simeon Ferrer in his capacity as Judge of the Court of First Instance of Tarlac, Branch I, in not convicting respondents Feliciano Co and Nilo S. Tayag and others. The respondents Feliciano Co and Nilo S. Tayag were charged for the violation of Rep. Act. No. 1700, 12 Laws & Res. 102 (1957), also known as the Anti-Subversion Act, which outlaws the Communist Party of the Philippines and other "subversive associations," and punishes any person who "knowingly, willfully and by overt acts affiliates himself with, becomes or remains a member" of the Party or of any other similar "subversive" organization. Both Co and Tayag moved to quash on the ground that the
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