People v.

Ferrer, 48 SCRA 382

Facts:
Hon. Simeon N. Ferrer in his capacity as Judge of the CFI of Tarlac, Branch I
dismissed two (2) cases involving criminal complaints for violation of Anti-Subversion
Act on the grounds that the said act is a bill of attainder and that it is vague and
overbroad.
The two cases include that of Feliciano Co who was criminally charged for
violation of Section 4 of Anti-Subversion Act and Nilo Tayag et. al., who were
charged with subversion. In both cases aggravating circumstances are present.
Counsel on both cases moved to quash the complaint on the ground that the basis of
the complaint, the Anti-Subversion Act is a bill of attainder.
Issue:
Whether or not the Anti-Subversion Act a bill of attainder.

Ruling:
The Supreme Court upheld the validity of the Anti-Subversion Act with
reservation. On the grounds that the act provides that the guilt of the accused has to
be judicially established. Specifically, the statute requires that membership must be
knowing or active, with specific intent to further the illegal objectives of the Party.
That is what section 4 means when it requires that membership, to be unlawful, must
be shown to have been acquired "knowingly, willfully and by overt acts." The
ingredient of specific intent to pursue the unlawful goals of the Party must be shown
by "overt acts." This constitutes an element of "membership" distinct from the
ingredient of guilty knowledge. The former requires proof of direct participation in the
organization’s unlawful activities, while the latter requires proof of mere adherence to
the organization’s illegal objectives.

Principle:
The Government has a right to protect itself against subversion is a
proposition too plain to require elaboration. Self-preservation is the "ultimate value"
of society. It surpasses and transcends every other value, "for if a society cannot
protect its very structure from armed internal attack, no subordinate value can be
protected".