8/30/22, 9:55 AM Coffeeholic Writes: PEOPLE VS. FERRER [48 SCRA 382; NOS.

L-32613-14; 27 DEC 1972]

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

DEC 1972]
Monday, February 09, 2009
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Coffeeholic Writes

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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 the following: 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 Aggravating Circumstances of Aid or Armed
Men, Craft, and Fraud. The trial court is of opinion that 1.) The Congress
usurped the powers of the judge 2.) Assumed judicial magistracy by
pronouncing the guilt of the CPP without any forms of safeguard of a
judicial trial. 3.) It created a presumption of organizational guilt by being
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 Party being although a
political party is in fact an organized conspiracy to overthrow the
Government, not only by force and violence but also by deceit, subversion
and other illegal means. It declares that the CPP is a clear and present
danger to the security of the Philippines. Section 4 provided that affiliation
with full knowledge of the illegal acts of the CPP is punishable. Section 5
states that due investigation by a designated prosecutor by the Secretary
of Justice be made prior to filing of information in court. Section 6
provides 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 CCP through
writing under oath. Section 9 declares the constitutionality of the statute
and its valid exercise under freedom if thought, assembly and association. Search

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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 substitution of judicial determination to a legislative
determination of guilt. In order for a statute be measured as a bill of

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8/30/22, 9:55 AM Coffeeholic Writes: PEOPLE VS. FERRER [48 SCRA 382; NOS.L-32613-14; 27 DEC 1972]

attainder, the following requisites must be present: 1.) The statute

specifies persons, groups. 2.) the statute is applied retroactively and reach
past conduct. (A bill of attainder relatively is also an ex post facto 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
Act’s focus is on the conduct not person.

Membership to this organizations, to be UNLAWFUL, it must be shown that

membership was acquired with 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 member’s
direct participation. Why is membership punished. Membership renders aid
and encouragement to the organization. Membership makes himself party Blog Advertising - Get Paid to Blog
to its unlawful acts.

Furthermore, the statute is PROSPECTIVE in nature. Section 4 prohibits Pinoy Bloggers

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acts committed after approval of the act. The members of the subversive
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organizations before the passing of this Act is given an opportunity to m
escape liability by renouncing membership in accordance with Section 8.
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