EX POST FACTO LAW

What is EX-POST-FACTO LAW is a law that retroactively changes the legal consequences (or
status) of actions that were committed, or relationships that existed, before the enactment of the
law. In criminal law, it may criminalize actions that were legal when committed; it may
aggravate a crime by bringing it into a more severe category than it was in when it was
committed; it may change the punishment prescribed for a crime, as by adding new penalties or
extending sentences; or it may alter the rules of evidence in order to make conviction for a crime
likelier than it would have been when the deed was committed. Conversely, a form of ex post
facto law commonly called an amnesty law may decriminalize certain acts. A pardon has a
similar effect, in a specific case instead of a class of cases. Other legal changes may alleviate
possible punishments (for example by replacing the death sentence with lifelong imprisonment)
retroactively. Such legal changes are also known by the Latin term in mitius.

The 1987 Constitution of the Philippines categorically prohibits the passing of any ex post facto
law. Article III (Bill of Rights), Section 22 specifically states: "No ex post facto law or bill of
attainder shall be enacted."

However, the Cybercrime Prevention Act, which went into effect on October 3, 2012, is
criticized for being ex post facto.[16]

Right Against Ex Post Facto Law and Bill of Attainder (Sec. 22, Art. III)

An ex post facto law is a law which operates retroactively and makes an act done before its
passage, innocent when done, criminal, or makes the crime greater than when it was committed,
or inflicts a greater punishment than what the law provided to the crime when it was committed,
or alters the legal rules of evidence and receives less testimony than what the law required at the
time of the commission of the offense in order to convict the offender.

In general, criminal laws cannot be given retroactive effect. But if it is favorable to the accused,
it should be should be given retroactive effect.

A bill of attainder is a legislative act which inflicts punishment without a judicial trial.

Kinds of Ex Post Facto Laws

(1) One which makes an action done before the passing of the law, and which was innocent when
done, criminal, and punishes such action.

(2) One which aggravates the crime or makes it greater than when it was committed.

(3) One which changes the punishment and inflicts a greater punishment than that which the law
annexed to the crime when it was committed.

(4) One which alters the legal rules of evidence and receives less testimony than the law required at
the time of the commission of the offense in order to convict the accused.
(5) One which assumes to regulate civil rights and remedies only BUT, in effect, imposes a penalty
or deprivation of a right, which, when done, was lawful.

(6) One which deprives a person accused of a crime of some lawful protection to which he has
become entitled such as the protection of a former conviction or acquittal, or a proclamation of
amnesty. (In Re Kay Villegas Kami)

Characteristics of Ex Post Facto Law

(a) Must refer to criminal matters

(b) Prejudicial to the accused

(c) Retroactive in application

· In Lacson v. Exec. Sec., the Court held that in general, ex post facto law prohibits
retrospectivity of penal laws. RA No. 8249 is not a penal law.... The contention that the new law
diluted their right to a two-tiered appeal is incorrect because “the right to appeal is not a natural
right but statutory in nature that can be regulated by law. RA 8249 pertains only to matters of
procedure, and being merely an amendatory statute it does not partake the nature of ex post facto
law.”

· In Calder v. Bull, the Court said that when the law alters the legal rules of evidence or mode
of trial, it is an ex post facto law. Exception: (Beazell v. Ohio) unless the changes operate only
in limited and unsubstantial manner to the disadvantage of the accused.

· In Bayot v. Sandiganbayan, the accused was convicted by the Sandiganbayan for estafa on
May 30, 1980. Accused appealed. On March 16, 1982, BP Blg. 195 was passed authorizing
suspension of public officers against whom an information may be pending at any stage. On July
22, 1982, the court suspended the accused. The Supreme Court ruled that Art. 24 of the Revised
Penal Code that suspension of an officer during trial shall not be considered a penalty. The
suspension in the case is merely a preventive and not a penal measure which therefore does not
come under the ex post facto prohibition.

BILL OF ATTAINDER

Bill of attainder – is a legislative act which inflicts punishment without judicial trial. If the
punishment be less than death, the act is termed a bill of pains and penalties.” (Cummings v.
Missouri)

(All Bills of Attainder are Ex Post Facto Laws)

Elements of Bill of Attainder

1. There must be a law.

2. The law imposes a penal burden on a named individual or easily ascertainable members of a
group.

3. There is a direct imposition of penal burden without judicial trial.