PEOPLE OF THE PHILIPPINES v. HON. SIMEON FERRER et.

al
48 SCRA 382| December 27, 1972
Castro, J.

Doctrine: A person convicted for illegal recruitment under the Labor Code can be
convicted for violation of the Revised Penal Code provisions on estafa provided the
elements of the crime are present.

FACTS
A criminal complaint for violation of section 4 of the Anti-Subversion Act was filed
against respondent Feliciano Co. It is alleged in the information that the accused was an
instructor in the training school of recruits and was an officer and/or ranking leader of the
Communist Party of the Philippines, an illegal organization aimed to overthrow the Government
of the Philippines. On the same manner, an information for the violation of the same law was
also filed against respondents Tayag and 5 others which alleged that the respondents were
members of Kabataang Makabayan which is a subversive organization and, on several occasions,
conducted meetings and seminars wherein they delivered speeches instigating and inciting
people to overthrow the government.
In response, both Co and Tayag moved to quash, arguing that the Anti-Subversion Act is
a bill of attainder. Thereinafter, the trial court rendered its assailed decision which declared the
statute void on the ground that it is a bill of attainder and it is vague and overboard.

ISSUES AND HOLDING

1. W/N the Anti-Subversion Act is a bill of attainder?
A bill of attainder is defined as a legislative act which inflicts punishment without
trial, effectively substituting the judicial determination of guilt. The constitutional ban
against the same serves to implement the principle of separation of powers 5 confining
legislatures to rule-making and thereby forestalling legislative usurpation of the judicial
function. In the case at bar, the trial court held that the Anti-Subversion Act was in fact, a
bill of attainder because it treats the Communist Party of the Philippines as a continuing
danger to the freedom and security of our country which tantamount to a declaration of
guilt of the CCP without any forms or safeguards of a judicial trial. The trial court also
faults the same law for automatically punishing members of the organization without
regard as to whether they are a voluntary member or not.
However, a careful perusal of the actual operation of the Act will show that
nowhere in the law that it specified the Communist Party or members thereof for the
purpose of punishment. It merely declared the party as an organized conspiracy for the
overthrow of the government. It is undeniably applicable to any organization with the
purpose of overthrowing the government, its focus is not on individuals but on the
punishable conduct. Moreover, the fact that the government still charges an accused
before the Court for the violation of the said law supports the fact that it is not a bill of
attainder. The government still needs to establish the guilt of the accused before the
Court.

SERAPIO C2021 | 1
WHEREFORE, the judgment appealed from finding accused-appellant Tan Tiong Meng alias
"Tommy Tan" guilty of illegal recruitment in large scale and six (6) counts of estafa, is hereby
AFFIRMED. Costs against accused-appellant.

SERAPIO C2021 | 2