People vs Ferrer

G.R. No. 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 five 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.