Ex Post Facto

Law
Reynaldo Agawa
1987 Philippine Constitution
Article III

Section 22
No ex-post facto law or bill of attainder shall be enacted.
 Latin
“after the action” or
“after the facts”

Nulla poena sine lege

Ex-Post Facto Law

“No crime or misdemeanor
shall be punished by a penalty
which was not established by
law prior to its commission.”
 One which makes an action done before
passing of the law, and which was innocent
when done, criminal and punishes such action.

Ex-Post One which aggravates the crime or makes it

greater than when it was committed.
Facto Law
Definition
One which changes the punishment and
inflicts a greater punishment than which the
law annexed to the crime when it was
committed.
 One which alters the legal rules of evidence and
receives less testimony than the law required at the
time of the commission of the offense in order to
convict the accused.

Ex-Post One which assumes to regulate civil rights and

remedies only. But, in effect imposes a penalty or
Facto Law deprivation of a right, which, when done, was lawful.

Definition
One which deprives a person accused of a crime of
some lawful protection to which he has become
entitled such as the protection of a former conviction
or acquittal, or a proclamation of amnesty.
 Applies only to
PENAL and CRIMINAL STATUTES.
Limitation
Bill of
Attainder
Is a legislative act which inflicts
punishment without judicial trial.
 There must be a law.

Elements of The law must impose a penal

the Bill of burden on a named individual/easily
Attainder ascertainable members of a group.
The penal burden is imposed
directly by the law without judicial
trial.
FINI
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