SECTION 22

An ex post facto law is any law that makes an action, done before the passage of the law, and which
was innocent when done, criminal, and punishes such action. Ex post laws, unless they are favorable
to the defendant, are prohibited. (US v. Vicente Diaz Conde and Apolinaria R De Conde, GR No. L-
18208, Feb 14, 1922)

The Latin translation of ex post facto is “from a thing done afterward.” In a legal context, ex post facto
is most typically used to refer to a criminal statute that punishes actions retroactively, thereby
criminalizing conduct that was legal when originally performed.

A bill of attainder is a legislative act which inflicts punishment without a judicial trial. If the
punishment be less than death, the act is termed a bill of pains and penalties. (Cummings v. Missouri,
4 Wall 277, 323 US, 1867)
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The constitutional ban against bills of attainder serves to implement the principle of separation of
powers by confining legislatures to rule-making and thereby forestalling legislative usurpation of the
judicial function. (People v. Ferrer, G.R. Nos. L- 32613-14, Dec. 27, 1972)