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Section 22. No Ex Post Facto Law or Bill of Attainder Shall Be Enacted. Ex Post Facto
Section 22. No Ex Post Facto Law or Bill of Attainder Shall Be Enacted. Ex Post Facto
ex post facto
punished for an act not punishable when committed; law applied retroactively
punishes
aggravates the crime
increases penalty
removes a protection [presumption of guilt]
requisites
must be criminal matter
applied retroactively
disadvantageous to accused (pre-judicial)
also applies to decisions of SC [prevailing principle which form part of the law]
cannot be retroactively applied to cases fifiled before the decision if disadvantageous
to
the accused
bill of attainder
legislative enactment imposing penal sanction without judicial trial
Congress not only making laws but acting as judge and executioner
violates not only separation of powers but also due process
Chapter. Furthermore, Article 2176 covers not only acts “not punishable
by law” but also acts criminal in character, whether intentional and
voluntary or negligent.