People vs Ferrer

G.R. Nos. L-32613-14, December 27, 1972

FACTS:

On March 5, 1970 a criminal complaint for violation of section 4 of the Anti-Subversion Act was filed
against the respondent Feliciano Co, as he became an officer of the Communist Party of the Philippines,
an outlawed and illegal organization aimed to overthrow the government.

Co moved to quash on the ground that the Anti-Subversion Act is a bill of attainder.

Meanwhile, on May 25, 29170, another criminal complaint was filed with before Nilo Tayag and fiver
others 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.

Tayag also moved to quash the complaint on the grounds that (1) it is a bill of attainder; (2) it is vague; (3)
it embraces more than one subject not expressed in the title thereof; and (4) it denied him the equal
protection of the laws.

ISSUE: Whether RA 1700 otherwise known as Anti-Subversion Act is a bill of attainder.

RULING: No, the Supreme Court said 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.

In this case, when the act is viewed in its actual operation, it will be seen that it does not specify the
Communist Party of the Philippines or the member thereof for the purpose of punishment. What it does
is simple to declare the party to be an organized conspiracy for the overthrow of the Government for the
purposes of the prohibition.

The term "Communist Part of the Philippines" issues solely for definitional purposes. In fact the act applies
not only to the Communist Party of the Philippines but also to "any organisation having the same purpose
and their successors." Its focus is not on individuals but on conduct.