EX POST FACTO LAWS; BILLS OF ATTAINDER
Category: Constitutional Law
EX POST FACTO LAWS; BILLS OF ATTAINDER
Article 3, SECTION 22
----- Ex post facto laws -----
People v. Jabinal
– possession of unlicensed firearms; secret agent; -
No criminal liability would attach to such possession of said firearm in spite of the absence of a license and permit. Jabinal must be absolved; Jabinal may not be punished for an act which at the time it was
done was held not to be punishable; (case of SC abandoning previous decisions; stare decisis)
----- Bill of Attainder -----
People v. Ferrer
– constitutionality of the [then] Anti-Subversion Act – A bill of attainder is a legislative act which inflicts
punishment without a trial; Anti-Subversion act not a bill of attainder; It does not specify the CPP or its members; CPP is used for definition purposes only because in the law, it also says “any other organization having the same purpose and their successors”; mere membership to the CPP not punished; even if the Act specifies individuals, this feature is not enough to consider it a bill of attainder
People v. Sandiganbayan
– violation under Anti-Graft and Corrupt Practices Act
– The new 15-year prescriptive period (formerly 10) in the Act cannot be given retroactive effect because it will be prejudicial to the accused.
Newer Philippine Law Resources:
Additional Law Reading:
Popular in BATASnatin:
- Article I – THE NATIONAL TERRITORY - - 18474 Hits
- The Powers Of The President Of The Philippines - - 6946 Hits
- 1987, 1973, 1935 Philippines Constitution Compared/ Comparison Matrix - - 6543 Hits
- NPC v. Ibrahim, et al., G.R. No. 168732, June 29, 2007- Eminent Domain - - 5696 Hits
- Fundamental Powers of the State - - 5474 Hits
EX POST FACTO LAWS; BILLS OF ATTAINDER
Category: Constitutional Law
EX POST FACTO LAWS; BILLS OF ATTAINDER
Article 3, SECTION 22
----- Ex post facto laws -----
People v. Jabinal
– possession of unlicensed firearms; secret agent; -
No criminal liability would attach to such possession of said firearm in spite of the absence of a license and permit. Jabinal must be absolved; Jabinal may not be punished for an act which at the time it was
done was held not to be punishable; (case of SC abandoning previous decisions; stare decisis)
----- Bill of Attainder -----
People v. Ferrer
– constitutionality of the [then] Anti-Subversion Act – A bill of attainder is a legislative act which inflicts
punishment without a trial; Anti-Subversion act not a bill of attainder; It does not specify the CPP or its members; CPP is used for definition purposes only because in the law, it also says “any other organization having the same purpose and their successors”; mere membership to the CPP not punished; even if the Act specifies individuals, this feature is not enough to consider it a bill of attainder
People v. Sandiganbayan
– violation under Anti-Graft and Corrupt Practices Act
– The new 15-year prescriptive period (formerly 10) in the Act cannot be given retroactive effect because it will be prejudicial to the accused.
Newer Philippine Law Resources:
Additional Law Reading:
Popular in BATASnatin:
- Article I – THE NATIONAL TERRITORY - - 18474 Hits
- The Powers Of The President Of The Philippines - - 6946 Hits
- 1987, 1973, 1935 Philippines Constitution Compared/ Comparison Matrix - - 6543 Hits
- NPC v. Ibrahim, et al., G.R. No. 168732, June 29, 2007- Eminent Domain - - 5696 Hits
- Fundamental Powers of the State - - 5474 Hits
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