[1988 BAR] Because of the marked increase in the incidence of labor strikes and

work stoppages in industrial establishments, Congress intending to help promote

industrial peace, passed, over the objections of militant labor unions, an amendment
to the Labor Code, providing that no person who is or has been a member of the
Communist Party may serve as officer of any labor organization in the country. An
association of former NPA’s (New People’s Army) who had surrendered, availed of
amnesty, and are presently leading quiet and peaceful lives, comes to you asking
what could be done against the amendment. What would you advise the association
to do? Explain.

ANSWER: The disqualification of members of the CPP and its military arm, the
NPA, from being officers of a labor organization would (1) nullify the amnesty
granted by the President with the concurrence, it may be assumed, of the
majority of the members of Congress and (2) permit the condemnation of the
former NPA members without judicial trial in a way that makes it contrary to
the prohibition against the enactment of bill of attainder and ex post facto law.
The amnesty granted to the former NPAs obliterated their offense and
relieved them of the punishment imposed by law. (Barrioquinto v. Fernandez,
82 Phil. 642, 1949). The amendment would make them guilty of an act, that of
having been former members of the NPA, for which they have already been
forgiven by Presidential amnesty.

For these reasons, I would advise the association to work for the veto of the
bill and, if it is not vetoed but becomes a law, to challenge it in court.

[2005 BAR] The Philippines and Australia entered into a Treaty of Extradition
concurred in by the Senate of the Philippines on September 10, 1990. Both
governments have notified each other that the requirements for the entry into force
of the Treaty have been complied with. It took effect in 1990. The Australian
government is requesting the Philippine government to extradite its citizen, Gibson,
who has committed in his country the indictable offense of Obtaining Property by
Deception in 1985. The said offense is among those enumerated as extraditable in
the Treaty. For his defense, Gibson asserts that the retroactive application of the
extradition treaty amounts to an ex post facto law. Rule on Gibson’s contention.

ANSWER: Gibson’s contention is wrong. The prohibition against ex post facto

laws applies to penal laws only and does not apply to extradition treaties.
Extradition does not define crimes. It merely provides a means by which a
State may obtain the return and punishment of a person charged with or
convicted of having committed a crime, who has fled the jurisdiction of the
State whose law has been violated. It was held that an extradition treaty
applies to crimes committed before its effectivity unless the extradition treaty
expressly exempts them. It is therefore immaterial whether at the time of the
commission of the crime for which extradition is sought no treaty was in
existence. If at the time extradition is requested there is in force between the
requesting and the requested States a treaty covering the offense on which the
request is based, the treaty is applicable.

[2007 BAR] Lawrence is a Filipino computer expert based in Manila who invented a
virus that destroys all the files stored in a computer. Assume that in May 2005, this
virus spread all over the world and caused $50million in damages to property in the
United States, and that in June 2005, he was criminally charged before United States
courts under their anti-hacker law. Assume that in July 2005, the Philippines
adopted its own anti-hacker law, to strengthen existing sanctions already provided
against damage to property. The United States has requested the Philippines to
extradite him to US courts under the RP-US Extradition Treaty.

(a) Is the Philippines under an obligation to extradite Lawrence? State the rule and
its rationale.

ANSREW: The Philippine is under no obligation to extradite Lawrence. Under

the principle of dual or double criminality, the crime must be punishable in
both the requesting and requested states to make it extraditable. In this case,
only the United States had an anti-hacker law at the time of the commission of
the crime in May 2005. The rationale for the principle of dual criminality rests
on the basic principle of reciprocity and of the legal maxim nulla poena sine
lege.

(b) Assume that the extradition request was made after the Philippines adopted its
anti-hacker legislation. Will that change your answer?

ANSWER: No. The Philippines is still under no obligation to extradite

Lawrence. The rule is that the crime must be punishable in both countries at
the time of the commission of the offense. Since there was yet no such crime in
the Philippines at the time when the acts complained of were done, in so far as
the Philippines is concerned, Lawrence did not commit any crime. Hence, an
extradition of Lawrence would tantamount to an ex post facto application of
the Philippine anti-hacker law, prohibited by Section 22, Article III of the
Constitution.

[2008 BAR] The Philippine National Police (PNP) issued a circular to all its members
directed at the style and length of male officers’ hair, sideburns and moustaches, as
well as the size of their waistlines. It prohibits beards, goatees, and waistlines over
38 inches, except for medical reasons. Some police officers questioned the validity of
the circular, claiming that it violated their right to liberty under the Constitution.
Resolve the controversy.

ANSWER: Although the National Police is civilian in character, it partakes of

some of the characteristics of military life, thus permitting the imposition of
reasonable measures for discipline, uniformity in behavior and
presentableness. The circular does not go beyond what is reasonable and
therefore passes the test of due process. It is the policy of the state to secure
peace and order through the PNP. Therefore, it is reasonable to require them
to be physically fit in order to secure peace and order in the community. This
is to boost the confidence of the public that they are not lazy and they are
doing their job with dedication.

[2012 BAR] An ex post facto law has been defined as one: _____.
(A) which aggravates a crime or makes it lesser than when it was committed;
(B) which mitigates a crime or makes it lesser than when it was committed;
(C) which aggravates a crime or makes it greater than when it was committed;
(D) which aggravates a crime or makes it non-criminal after it was committed.

[2012 BAR] A bill of attainder is: _____.

(A) an executive act which inflicts punishment without tender;
(B) a judicial act which inflicts punishment without tender;
(C) a legislative act which inflicts punishment without trial;
(D) a legislative act which pardons punishment after tender.