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Digest - People v. Ferrer
Digest - People v. Ferrer
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.
RATIO DECIDENDI
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