People vs Hon.

Simeon Ferrer(As his capacity as Judge of the Court of First

Instance of Tarlac, Branc I), Feliciano Co, Nilo S. Tayag.

On September 15, 1970, the Court of First Instance of Tarlac Branch I dismissed the
information against Feliciano Co and Nilo Tayag and five others in violation of the Republic Act
1700 or “An Act to Outlaw the Communist Party of the Philippines and Similar Associations
Penalizing Membership Therein, and for Other Purposes” and declared the statute void on the
grounds of:
1. The statute is a bill of Attainder
2. The statute is vague
3. The statute is overbroad
On December 17, 1972, the government of the Philippines appealed and resolved to treat
its appeal as a civil action for certiorari.

Facts:

1. R.A. 1700, other known as the Anti-Subversion Act, not a bill of attainder.
2. Mere membership in the Party is not punished and the guilt of the accused
must be first be judicially established.
3. Even if the Act specifies the individual, it is not enough to declare that the
statute is a bill of attainder. It must also reach past conduct. .
4. The character of the Communist Party has been the object of continuing
scrutiny by the court.
5. The Act does not violate the constitutional freedom of speech and association.
6. The lower court failed to recognize the distinction between legislative fact and
adjudicative fact. It is not the court’s duty to examine the validity of
legislative findings.
7. Doctrine of right to self-protection.
8. The act does not stifle fundamental personal liberties.
9. The Act is not unconstitutionally overbroad.
Issue:

Whether or not R.A. 1700 is a bill of attainder as to what Hon. Simeon Ferrer declared.

Ruling: