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Ex post facto law

Ex post facto law..................................................................................................................1


Source: Cruz, Constitutional Law, 2007 Ed., p266.............................................................1
1.No ex post facto law or ill of attainder s!all e enacted "art ###, sec 22, Consti$...........2
2.#t is a law w!ic! %a&es a prior act cri%inal alt!ou'! it was not so at t!e ti%e it was
co%%itted. (peratin' retroacti)el*, it affects antecedent acts efore its enact%ent...........2
+.,inds.................................................................................................................................2
-.C!aracteristics...................................................................................................................+
../ill of attainder.................................................................................................................-
Source: Cruz, Constitutional Law, 2007 Ed., p266
1
1. No ex post facto law or bill of attainder shall be enacted (art
III, sec 22, Consti]
2. It is a law which makes a prior act criminal althouh it was
not so at the time it was committed. !peratin retroacti"el#, it
affects antecedent acts before its enactment.
$. %inds
$.1. 1. & law that makes criminal an act done before the passae and
which was innocent when done, and punishes such act
$.2. 2. & law that ara"ates a crime or makes it reater than it was
committed
$.$. $. & law that chanes punishment and inflicts a reater punishment
than the law annexed to the crime when committed.
$.'. '. &lters the leal rules of e"idence and recei"es less or different
testimon# than the law re(uired at the time of the commission of the
offense in order to con"ict the defendant.
2
$.). ). &ssumes to reulate ci"il rihts and remedies onl#. In effect
imposes penalt# or depri"ation of a riht for somethin which when
done was lawful
$.*. *. +epri"es a person accused of a crime of some lawful protection
to which he has become entitled, such as the protection of a former
con"iction or ac(uittal, or a proclamation of amnest#
'. Characteristics
'.1. 1. ,he law refers to criminal matters
'.2. 2. It is retroacti"e in its application
'.$. $. -urposel# to pre.udice the accused.
'.$.1. /here a law penal and retroacti"e does not operate to
disad"antae the accused, the same is not ex post facto. ,hus, a law
reducin the penalt# for murder from death to life imprisonment applied
retroacti"el# will benefit rather than pre.udice the con"ict.
'.'. 0C cases
+
'.'.1. ,he war profit tax law retroacti"el# imposin taxes on properties
and income ac(uired durin the 1apanese occupation is not an ex post
facto law, as the prohibition applies onl# to criminal or penal matters
and not to laws which concern ci"il matters or proceedins enerall#
(2epublic "s 3ernande45
'.'.2. /here a law amendin a pro"ision of the &nti 6raft and Corrupt
-ractices &ct imposin suspension pendente lite of an# public officers
chared therein, it was held that the amendment is not ex post facto
law, e"en if applied retroacti"el# because the suspension is not puniti"e
but merel# pre"enti"e (7a#ot "s. 0andianba#an5
'.'.$. &n amendator# law merel# procedural in nature did not partake
of the nature of an ex post facto law (-eople "s. 8ilo5
'.'.'. &n amendator# law permittin the prosecutor to initiate the
chare for adulter#, when at the time of the commission of the offense,
onl# the offended spouse could commence the action, was held to be
an ex post facto law (90 "s. 6ome4 Coronel5
). 7ill of attainder
-
).1. 7ills of attainders are leislati"e acts that appl# either to named
indi"iduals or to easil# ascertainable members of a roup in such a wa#
as to inflict punishment without .udicial trial (90 "s. :o"ett5
).2. It is a leislati"e act that inflicts punishment without trial
substitutin leislati"e fiat for .udicial determination of uilt.
.