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PEOPLE VS. FERRER [48 SCRA 382; NOS.L-32613-14; 27 DEC 1972]

Facts:
Hon. Judge Simeon Ferrer is the Tarlac trial court judge that declared RA1700 or the Anti-
Subversive Act of 1957 as a bill of attainder. Thus, dismissing the information of subversion
against thefollowing: 1.) Feliciano Co for being an officer/leader of the Communist Party of the
Philippines (CPP)aggravated by circumstances of contempt and insult to public officers,
subversion by a band and aid of armed men to afford impunity. 2.) Nilo Tayag and 5 others, for
being members/leaders of the NPA,inciting, instigating people to unite and overthrow the
Philippine Government. Attended by AggravatingCircumstances of Aid or Armed Men, Craft,
and Fraud. The trial court is of opinion that 1.) The Congressusurped the powers of the judge 2.)
Assumed judicial magistracy by pronouncing the guilt of the CPPwithout any forms of safeguard
of a judicial trial. 3.) It created a presumption of organizational guilt bybeing members of the
CPP regardless of voluntariness.The Anti Subversive Act of 1957 was approved 20June1957. It is
an act to outlaw the CPP and similar associations penalizing membership therein, and for other
purposes. It defined the Communist Partybeing although a political party is in fact an organized
conspiracy to overthrow the Government, not onlyby force and violence but also by deceit,
subversion and other illegal means. It declares that the CPP is aclear and present danger to the
security of the Philippines. Section 4 provided that affiliation with fullknowledge of the illegal
acts of the CPP is punishable. Section 5 states that due investigation by adesignated prosecutor
by the Secretary of Justice be made prior to filing of information in court. Section 6provides for
penalty for furnishing false evidence. Section 7 provides for 2 witnesses in open court for acts
penalized by prision mayor to death. Section 8 allows the renunciation of membership to the
CCPthrough writing under oath. Section 9 declares the constitutionality of the statute and its
valid exerciseunder freedom if thought, assembly and association.

Issues:
(1) Whether or not RA1700 is a bill of attainder/ ex post facto law.
(2) Whether or Not RA1700 violates freedom of expression.

Held:
The court holds the VALIDITY Of the Anti-Subversion Act of 1957. A bill of attainder is solely a
legislative act. It punishes without the benefit of the trial. It is the substitutionof judicial
determination to a legislative determination of guilt. In order for a statute be measured as a
billof attainder, the following requisites must be present: 1.) The statute specifies persons,
groups. 2.) thestatute is applied retroactively and reach past conduct. (A bill of attainder
relatively is also an ex postfacto law.)In the case at bar, the statute simply declares the CPP as
an organized conspiracy for the overthrow of the Government for purposes of example of
SECTION 4 of the Act. The Act applies not only to the CPP but also to other organizations having
the same purpose and their successors. The Acts focus is on the conduct not
person.Membership to this organizations, to be UNLAWFUL, it must be shown that membership
was acquiredwith the intent to further the goals of the organization by overt acts. This is the
element of MEMBERSHIP with KNOWLEDGE that is punishable. This is the required proof of a
members direct participation. Why is membership punished. Membership renders aid and
encouragement to the organization. Membershipmakes himself party to its unlawful
acts.Furthermore, the statute is PROSPECTIVE in nature. Section 4 prohibits acts committed
after approval of the act. The members of the subversive organizations before the passing of
this Act is given anopportunity to escape liability by renouncing membership in accordance with
Section 8. The statuteapplies the principle of mutatis mutandis or that the necessary changes
having been made.The declaration of that the CPP is an organized conspiracy to overthrow the
Philippine Governmentshould not be the basis of guilt. This declaration is only a basis of Section
4 of the Act. The EXISTENCEOF SUBSTANTIVE EVIL justifies the limitation to the exercise of
Freedom_of_Expression_and Association in this matter. Before the enactment of the statute
and statements in the preamble, careful investigations by the Congress were done. The court
further stresses that whatever interest in freedom of speech and association is excluded in the
prohibition of membership in the CPP are weak consideringNATIONAL SECURITY and
PRESERVATION of DEMOCRACY.The court set basic guidelines to be observed in the
prosecution under RA1700. In addition to provingcircumstances/ evidences of subversion, the
following elements must also be established:1. Subversive Organizations besides the CPP, it
must be proven that the organization purpose is tooverthrow the present Government of the
Philippines and establish a domination of a FOREIGN POWER.Membership is willfully and
knowingly done by overt acts.2. In case of CPP, the continued pursuance of its subversive
purpose. Membership is willfully andknowingly done by overt acts.The court did not make any
judgment on the crimes of the accused under the Act. The Supreme Court setaside the
resolution of the TRIAL COURT