Topic: Ex Post Facto Laws and Bills of Attainder

Under the Bill of Rights (Constitution of the Philippines)

1. Constitutional Prohibition

Article III, Section 22 of the 1987 Philippine Constitution:

"No ex post facto law or bill of attainder shall be enacted."

This provision establishes an absolute prohibition on the enactment of ex post facto laws and bills of attainder by the government. Both are regarded as fundamental violations of individual rights and are universally prohibited in democratic systems, including the Philippines.

2. Ex Post Facto Laws

Definition:

An ex post facto law is a law that retroactively alters the legal consequences of actions that were committed before the enactment of the law. Such laws may criminalize acts that were legal when committed, increase the penalties for an offense after it has been committed, or alter the rules of evidence or procedure to the detriment of the accused.

Key Characteristics:

For a law to be considered ex post facto, it must:

Retrospectively affect past actions.
Disadvantage the accused by:
- Criminalizing acts that were legal at the time they were done.
- Increasing punishment for an offense after its commission.
- Altering the rules of evidence or procedure in a way that makes it easier to convict the accused.

Types of Ex Post Facto Laws:

According to Calder v. Bull (U.S. case law, often referenced in the Philippines), the following are considered ex post facto laws:

Criminalizes an act that was not a crime when committed.
Aggravates a crime or makes it a more serious offense than when it was committed.
Changes the punishment by increasing the severity of the penalty after the crime was committed.
Alters legal rules of evidence to convict the accused based on less or different evidence than was required at the time the act was committed.

Rationale for Prohibition:

The prohibition on ex post facto laws protects individuals from the arbitrary exercise of legislative power, ensuring that laws are applied prospectively, and that individuals have the right to fair notice of what constitutes criminal behavior.
It upholds the principles of due process and equal protection, preventing the government from enacting laws targeting specific individuals or groups after the fact.

Application in the Philippines:

Courts, when determining whether a law is ex post facto, look at whether the law applies retroactively and whether it is prejudicial to the accused.
Example: A law increasing penalties for drug offenses cannot be applied to acts committed before the law was passed.
Exception: Procedural changes in law are generally allowed even if they apply to ongoing cases, so long as they do not impair substantial rights of the accused (see Bayot v. Sandiganbayan, 128 SCRA 383).

3. Bills of Attainder

Definition:

A bill of attainder is a legislative act that imposes punishment on a specific person or group without the benefit of a judicial trial. It bypasses the normal judicial process and directly inflicts penalties or declares a person guilty.

Key Elements:

For a legislative act to be classified as a bill of attainder, it must:

Specify or identify individuals or a group.
Impose punishment without a judicial trial.
- This punishment may include the death penalty, imprisonment, fines, confiscation of property, or other penalties.

Historical Context:

The term originates from English law, where Parliament historically used bills of attainder to punish individuals, especially political adversaries, without the need for a trial.
In modern democratic systems, including the Philippines, bills of attainder are strictly prohibited to protect against the abuse of legislative power.

Rationale for Prohibition:

The prohibition ensures that the separation of powers is respected. Only the judiciary has the authority to determine guilt and impose punishment, not the legislature.
It upholds the right to due process, where every individual is entitled to a fair trial before being punished by the state.

Application in the Philippines:

A law may be invalidated if it specifically targets an individual or group for punishment without judicial process.
Example: A law that imposes automatic penalties (such as loss of civil rights or property) on members of a specific political organization without judicial proceedings would be a bill of attainder.

Distinction from Penal Laws:

Penal laws generally apply to all persons who commit the prohibited act, whereas a bill of attainder targets specific individuals or groups for punishment without judicial process.

4. Case Law and Jurisprudence in the Philippines

Ex Post Facto Laws:

People v. Sandiganbayan (2010): The Supreme Court held that a law increasing the prescription period for certain crimes could not be applied retroactively to acts committed before the law was enacted, as doing so would violate the prohibition against ex post facto laws.
Laxamana v. Baltazar (2007): A law providing harsher penalties for offenses cannot be retroactively applied. A conviction should be based on the penalties in force at the time the crime was committed.

Bills of Attainder:

Aquino v. Enrile (1982): The Supreme Court stated that the imposition of punishment by a legislative act, without judicial trial, is a bill of attainder and violates the Constitution.
Garcia v. Executive Secretary (2004): A law that imposes forfeiture of properties or disqualification from public office for a specific individual without the benefit of a judicial trial constitutes a bill of attainder.

5. Additional Notes on Prohibition of Ex Post Facto Laws and Bills of Attainder:

General Principle: These prohibitions reflect the basic principle of fairness in law: individuals must have notice of what is considered criminal behavior, and punishment must come through proper judicial process, not legislative fiat.
International Context: The prohibition of ex post facto laws and bills of attainder is consistent with international human rights norms, including Article 15 of the International Covenant on Civil and Political Rights (ICCPR), to which the Philippines is a signatory.
Scope of Prohibition:
- Ex Post Facto prohibition applies strictly to criminal and penal laws. It does not apply to civil laws, which may be applied retroactively if specified by the legislature, provided no vested rights are impaired.
- Bills of Attainder apply to any legislative act that targets specific individuals or groups for punishment, whether criminal or civil in nature.

Conclusion

The constitutional prohibition of ex post facto laws and bills of attainder is a crucial safeguard of individual rights in the Philippines. These provisions protect citizens from retroactive penal laws and ensure that punishment is only imposed through judicial processes, not through arbitrary legislative action. By safeguarding due process, these prohibitions maintain the integrity of the justice system and prevent legislative overreach.