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Expost Facto Notes

Expost Facto Notes

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Published by Boom Manuel-Bayani

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Published by: Boom Manuel-Bayani on Mar 02, 2013
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“No ex post facto law or bill of attainder shall be enacted.” 
Ex post facto laws
operates retroactively to affect antecedent facts by making a previous act criminalalthough it was not so at the time it was committed
Kinds of Ex Post Facto Laws
Every law that MAKES CRIMINAL an act donebefore the passage of the law and w/c was innocent when done, and punishes such an act;
Law passed in 2012 raising the age of seduction from 18 to 25yrs, effective 20112.
Every law that AGGRAVATES a crime, or makes it greater that it was when committed;
Law passed in 2012 designating the crimeof homicide through reckless imprudenceas murder, effective 20113.
Every law that CHANGES PUNISHMENT and inflictsa greater punishment than the law annexed to thecrime when committed;
Law passed in 2012 increasing the penaltyfor libel from PC to PM effective 20114.
Every law that alters the legal RULES OF EVIDENCE,and receives less or different testimony than thelaw required at the time of the commission of theoffense, in order to convict the offender;
Law passed in 2012 requiring forconviction mere preponderance of evidence instead of proof beyondreasonable doubt, effective 20115.
Every law w/c, assuming to regulate civil rights andremedies only, in effect imposes a PENALTY or theDEPRIVATION OF A RIGHT for something w/cwhen done was lawful;
law passed in 2012 deprivingprofessionals the R to practice forfailure/refusal to vote, effective 20116.
Every law w/c DEPRIVES persons accused of crimesome LAWFUL PROTECTION to w/c they havebecome entitled, such as the protection of a formerconviction or acquittal, or a proclamation of amnesty
Law passed in 2012 lengthening the periodfor prescription of blackmail from 5 to 10yrs effective 2011
An ex post facto law must:1.
Refer to CRIMINAL matters;2.
Be RETROACTIVE in its application;3.
To the PREJUDICE of the accused-
Even if the law be penal and retroactive, it will still not be ex post facto if it does not operate to the disadvantage of the accused
Suspending the privilege of the writ of HC
not expost facto; not a statute w/in the contemplationof the ex post facto provision
Bayot v Sandiganbayan
a law amending RA3019provided for the suspension
 pendente lite
of any publicofficer/ee accused of offenses involving fraudulent useof public funds/property, including those chargedearlier is NOT ex post facto even if applied retroactivelybecause the suspension was NOT punitive but merelypreventive.
US v Gomez Coronel:
an information for adultery filed bythe prosecutor was dismissed by the SC on the groundthat at the time of the commission of the offense,prosecution could be commenced ONLY on complaint of the offended spouse. The amendatory law permitting theprosecutor to initiate the charge was ex post facto.
P v Vilo
: SC sustained the retroactive application to theaccused of an amendatory law allowing affirmation of the death sentence by only 8 justices although unanimitywas required when the crime was committed by thedefendant.
not ex post facto, merely procedural
P v Ferrer 
: the SC rejected the argument that the Anti-Subversion Act was unconsti on the ground that it punished past membership in the Communist Party andother similarly-oriented orgs. It declared that thepro
hibition applied only “to acts committed ‘after theapproval of this Act.’ Only those who ‘knowingly,
willfully and by overt acts affiliate themselves with,become or remain members of the Communist Party of the PH and/or its successors or of any subversiv
e assoc.’
after June 20,1957, are punished. Those who weremembers of the Party or of any other subversive assoc at the time of the enactment of the law were given theopportunity of purging themselves of liability byrenouncing in writing and under oath their membershipin the Party. The law expressly provides that suchrenunciation shall operate to exempt such persons frompenal liability.
Rodriguez v Sandiganbayan
: PD 1606 creatingSandiganbayan is not ex post facto notwithstanding the
petitioner’s clai
m that he and his witnesses, who wereliving in CDO, would be incurring tremendous expensesin coming to and from his trial in Manila. The disadv or
inconvenience was only “limited and unsubstantial”
Bill of Attainder
doubly objectionable because of its expost facto feature. If a statute is a bill of attainder, it isalso an ex post facto law. But if it is an ex post facto law,the reasons that establish that is not are persuasive that it cannot be a bill of attainder.
Characteristics of a Bill of Attainder
It is a legislative act that inflicts punishment without trial.-
It necessarily applies to named individuals or toeasily ascertainable members of a group in suchway as to inflict punishment on them w/o a judicialtrial.
P v Ferrer:
the lower court had declared the Anti-Subversion Act as a bill of attainder because it 
pronounced “the guilt of the Communist Party of the PHw/o any of the forms or safeguards of judicial trial.” BUT

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