PEOPLE VS. FERRER [48 SCRA 382; NOS.

L-32613-14; 27
DEC 1972]
Monday, February 09, 2009 Posted by Coffeeholic Writes
Labels: Case Digests, Political Law

Facts:

Hon. Judge Simeon Ferrer is the Tarlac trial court judge

that declared RA1700 or the Anti-Subversive Act of 1957 as a bill of
attainder. Thus, dismissing the information of subversion against
the following: 1.) Feliciano Co for being an officer/leader of the
Communist Party of the Philippines (CPP) aggravated by
circumstances
of
contempt
and
insult
to public
officers, subversion by a band and aid of armed men to afford
impunity. 2.) Nilo Tayag and 5 others, for being members/leaders of
the NPA, inciting, instigating people to unite and overthrow the
Philippine Government. Attended by Aggravating Circumstances of
Aid or Armed Men, Craft, and Fraud. The trial court is of opinion that
1.)
The Congress usurped
the
powers
of the
judge 2.)
Assumed judicial magistracy by pronouncing the guilt of the CPP
without any forms of safeguard of a judicial trial. 3.) It created a
presumption of organizational guilt by being members of the CPP
regardless
of
voluntariness.

The Anti Subversive Act of 1957 was approved 20June1957. It is an

act to outlaw the CPP and similar associations penalizing
membership therein, and for other purposes. It defined the
Communist Party being although a political party is in fact an
organized conspiracy to overthrow the Government, not only by
force and violence but also by deceit, subversion and other illegal
means. It declares that the CPP is a clear and present danger to the
security of the Philippines. Section 4 provided that affiliation with
full knowledge of the illegal acts of the CPP is punishable. Section 5
states that due investigation by a designated prosecutor by the
Secretary of Justice be made prior to filing of information in court.

Section 6 provides for penalty for furnishing false evidence. Section

7 provides for 2 witnesses in open court for acts penalized by
prision mayor to death. Section 8 allows the renunciation of
membership to the CCP through writing under oath. Section 9
declares the constitutionality of the statute and its valid exercise
under
freedom
if
thought,
assembly
and
association.

Issues:
(1) Whether or not RA1700 is a bill of attainder/ ex post facto law.
(2)

Whether

Held:

or Not RA1700

violates freedom of

expression.

The court holds the VALIDITY Of the Anti-Subversion Act of

1957.
A bill of attainder is solely a legislative act. It punishes without the
benefit of the trial. It is the substitution of judicial determination to
a legislative determination of guilt. In order for a statute be
measured as a bill of attainder, the following requisites must be
present: 1.) The statute specifies persons, groups. 2.) the statute is
applied retroactively and reach past conduct. (A bill of attainder
relatively
is
also
an
ex
post
facto
law.)
In the case at bar, the statute simply declares the CPP as an
organized conspiracy for the overthrow of the Government for
purposes of example of SECTION 4 of the Act. The Act applies not
only to the CPP but also to other organizations having the same
purpose and their successors. The Acts focus is on the conduct not
person.

Membership to this organizations, to be UNLAWFUL, it must be

shown that membership was acquired with the intent to further the
goals of the organization by overt acts. This is the element of
MEMBERSHIP with KNOWLEDGE that is punishable. This is the
required proof of a members direct participation. Why is
membership punished. Membership renders aid and encouragement
to the organization. Membership makes himself party to its unlawful
acts.
Furthermore, the statute is PROSPECTIVE in nature. Section 4
prohibits acts committed after approval of the act. The members of
the subversive organizations before the passing of this Act is given
an opportunity to escape liability by renouncing membership in
accordance with Section 8. The statute applies the principle of
mutatis mutandis or that the necessary changes having been
made.
The declaration of that the CPP is an organized conspiracy to
overthrow the Philippine Government should not be the basis of
guilt. This declaration is only a basis of Section 4 of the Act. The
EXISTENCE OF SUBSTANTIVE EVIL justifies the limitation to the
exercise of Freedom of Expression and Association in this matter.
Before the enactment of the statute and statements in the
preamble, careful investigations by the Congress were done. The
court further stresses that whatever interest in freedom of speech
and association is excluded in the prohibition of membership in the
CPP are weak considering NATIONAL SECURITY and PRESERVATION
of
DEMOCRACY.
The court set basic guidelines to be observed in the prosecution
under RA1700. In addition to proving circumstances/ evidences
of subversion, the following elements must also be established:

1. Subversive Organizations besides the CPP, it must be proven that

the organization purpose is to overthrow the present Government of
the Philippines and establish a domination of a FOREIGN POWER.
Membership is willfully and knowingly done by overt acts.
2. In case of CPP, the continued pursuance of its subversive
purpose. Membership is willfully and knowingly done by overt acts.
The court did not make any judgment on the crimes of the accused
under the Act. The Supreme Court set aside the resolution of the
TRIAL COURT.