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    The Supreme Court ruled that the Anti-Subversion Act is not a bill of attainder. A bill of attainder is a legislative act that inflicts punishment without trial. The Anti-Subversion Act focuses on prohibiting certain conduct, such as being a member of the Communist Party of the Philippines, rather than specifically targeting individuals. It also requires the guilt of those accused under the act to be determined through a judicial trial, not by the legislature. As such, the Anti-Subversion Act does not qualify as a bill of attainder because it does not inflict punishment without a trial or target easily identifiable groups for punishment. The Court remanded the cases back to the lower court for the trials to proceed.

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    The Supreme Court ruled that the Anti-Subversion Act is not a bill of attainder. A bill of attainder is a legislative act that inflicts punishment without trial. The Anti-Subversion Act focuses on prohibiting certain conduct, such as being a member of the Communist Party of the Philippines, rather than specifically targeting individuals. It also requires the guilt of those accused under the act to be determined through a judicial trial, not by the legislature. As such, the Anti-Subversion Act does not qualify as a bill of attainder because it does not inflict punishment without a trial or target easily identifiable groups for punishment. The Court remanded the cases back to the lower court for the trials to proceed.

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    43 views2 pages

    Digest - People v. Ferrer

    Uploaded by

    Dae Joseco
    The Supreme Court ruled that the Anti-Subversion Act is not a bill of attainder. A bill of attainder is a legislative act that inflicts punishment without trial. The Anti-Subversion Act focuses on prohibiting certain conduct, such as being a member of the Communist Party of the Philippines, rather than specifically targeting individuals. It also requires the guilt of those accused under the act to be determined through a judicial trial, not by the legislature. As such, the Anti-Subversion Act does not qualify as a bill of attainder because it does not inflict punishment without a trial or target easily identifiable groups for punishment. The Court remanded the cases back to the lower court for the trials to proceed.

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    of 2

    University of the Philippines College of Law

    JOSECO, DAERYLLE BLOCK 1-I

    Case Name PEOPLE OF THE PHILIPPINES, petitioner, vs. HON. SIMEON N.


    FERRER (in his capacity as Judge of the Court of First Instance of Tarlac,
    Branch I), FELICIANO CO alias LEONCIO CO alias "Bob," and NILO S.
    TAYAG alias Romy Reyes alias "Taba," respondents
    Topic Bill of Attainder
    Case No. | Date G.R. Nos. L-32613-14. December 27, 1972
    Ponente CASTRO, J :
    Doctrine Congress is prohibited from passing an act which would inflict
    punishment without judicial trial, for that would constitute a bill of
    attainder. (1987 Consti. Art. III Sec. 22)

    RELEVANT FACTS

     On March 5, 1970, one Feliciano Co who was criminally charged for violating said act he
    became an officer of the Communist Party of the Philippines, an outlawed and illegal
    organization aimed to overthrow the government.

     Meanwhile on May 25, 1970, Nilo Tayag et. al., was also charged with subversion as they
    were tagged as officers of the KABATAANG MAKABAYAN, a subversive organization
    instigating and inciting the people to organize and unite for the purpose of overthrowing
    the Government of the Republic of the Philippines.

     Counsel on both cases moved to quash the complaint on the ground that the basis of the
    complaint, the Anti-Subversion Act is a bill of attainder. Hon Simeon N. Ferrer, Judge of
    the Court of First Instance of Tarlac, dismissed both cases on the grounds that the Anti-
    Subversion Act is a bill of attainder.

    The Government appealed.

    RATIO DECIDENDI

    Whether or not the Anti-Subversion Act is considered as a bill of attainder?

    No.

    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.

    In the case at bar, the Court stated that when the Anti-Subversion Act, when viewed in its actual
    operation, focuses on conduct and not on the individuals. The Act also provides that the guilt of
    the accused has to be judicially established. Specifically, the statute requires that membership
    must be knowing or active, with specific intent to further the illegal objectives of the Party.
    The court also states that it is only when a statute applies either to named individuals
    or to easily ascertainable members of a group in such a way as to inflict punishment on
    them without a judicial trial does it become a bill of attainder.

    RULING

    Accordingly, the questioned resolution is set aside by the Court, and these two cases are hereby
    remanded to the court a quo for trial on the merits. Costs de oficio

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