MANGILIMAN, Neil Francel D.

September 13, 2019

2019-80051
JD I-2

What is an Ex post facto law?

In the1987 Philippine Constitution, Article III (Bill of Rights) specifically

prohibits the passing of any ex post facto law1. Section 22 of the said article of Bill of rights

states “No ex post facto law or bill of attainder shall be enacted 2.” The reason for such is

because it will be prejudicial to the accused3. The said prohibition of ex post facto laws are

only applicable to criminal matters and not to civil matters.4

An ex post facto law is one of the exceptions to retroactive application or effect of a

law. Ex post facto law, as defined in Civil Code of The Philippines Annotated by Justice

Paras, is “one that makes criminal and punishable an act done before the passing of the law

and which was innocent when done5.”

The following are the characteristics of ex post facto laws:

1. Makes an action done before the passing of the law and which was innocent when

done criminal, and punishes such action.

2. Aggravates a crime or makes it greater than when it was committed.

3. Changes the punishment and inflicts a greater punishment than the law annexed to

the crime when it was committed.

4. Alters the legal rules of evidence and receives less or different testimony than the law

required at the time of the commission of the offense in order to convict the defendant.6

1
The 1987 Philippine Constitution
2
Ibid.
3
Antonio Eduardo Nachura, “Outline Reviewer in Political Law”, 2009
4
Phil. National Bank v. Ruperto, G.R. No. L-13777, June 30, 1960
5
Lardizabal Paras, “Civil Code of the Philippines Annotated”, (Philippines, Rex Bookstore, 2016), 30
6
“Ex post facto law”, MyLegalWhiz.com, (accessed September 12, 2019)