PP v Ferrer

Facts: Hon. Judge Simeon Ferrer is the Tarlac

trial court judge that declared RA1700 or the AntiSubversive 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 or Not RA1700 violates freedom of

expression.

Held: The court holds the VALIDITY Of the AntiSubversion 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.