G.R. Nos. L-32613-14 December 27, 1972 PEOPLE OF THE PHILIPPINES, petitioner, vs.

HON. SIMEON. FERRER (in his capacity as Judge of the Court of First Instance of Tarlac,
Branch I)

Facts:
On March 5, 1970 a criminal complaint for violation of section 4 of the Anti-Subversion Act was
filed against the respondent Feliciano Co in the Court of First Instance of Tarlac. That on or about
May 1969 to December 5, 1969, he feloniously became an officer and/or ranking leader of the
Communist Party of the Philippines, an outlawed and illegal organization aimed to overthrow the
Government of the Philippines by means of force, violence, deceit, subversion, or any other illegal
means for the purpose of establishing in the Philippines a totalitarian regime and placing the
government under the control and domination of an alien power, by being an instructor in the Mao
Tse Tung University, the training school of recruits of the New People's Army, the military arm
of the said Communist Party of the Philippines. Respondent argued that the Anti-Subversion Act
is a bill of attainder.

Issue:
Whether or not the Anti-Subversion Act, which outlaws the Communist Party of the Philippines
and other "subversive associations," and punishes any person who "knowingly, willfully and by
overt acts affiliates himself with, becomes or remains a member" of the Party or of any other
similar "subversive" organization, is a bill of attainder.

Ruling:
No, because a bill of attainder is a legislative act which inflicts punishment without trial. Its essence
is the substitution of a legislative for a judicial determination of guilt. In the case at bar, the
judiciary still needs to establish the guilt of the accused.

Ratio Decidendi:
• If it were a bill of attainder, it would be unnecessary to charge the communists in Court
since the law alone can suffice to secure their punishment. However, the government still
has to prove at the trial that the accused joined the party knowingly, willfully, and by overt
acts, knowing its subversive character.
• Overt acts constitute an element of membership.