RIGHTS AGAINST EX POST

FACTO LAW AND BILL OF

ATTAINDER

EX POST FACTO LAW

In Latin, ex post facto law means “from something done af-

terwards.” It is any law which makes an innocent act a crime
after the act was committed.

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 CHARACTERISTICS OF AN EX POST FACTO LAW

1 That it relates to criminal matter;

2 That it is retroactive in its operation;

That it alters the situation for the accused party to his disadvantage (
3 Cooley’s Const. Law, 8th Edition, 542)

Its enforcement in prejudicial.

4
 SCOPE AND APPLICABILITY OF THE PROHIBITION AGAINST EX POST
FACTO LAW

1. Criminal Legislation which affect the substantial right of the accused. ( To-
lentino v. Angeles, 99 Phil. 309, 318)
2. Criminal procedural law prejudicial to the accused.

Bills of Attainder

 are such special acts of the legislature, as inflict capital punish-

ments upon persons supposed to be guilty of high offences, such
as treason and felony, without any conviction in the ordinary
course of judicial proceedings.
 Characteristics of Bill of Attainder and
.-.
Bill of pains and penalties:

1) They are conviction and sentences pronounced by the legislative department, instead of the
judicial department;

2) The sentence pronounced and punishement inflicted are determined by no previous law or
fixed rule; and

3) The investigation into the guilt of the accused, if any such were made, was not necessary or
generally conducted in his presence or that of his counsel, and no recognized rule of evi-
dence governed the enquiry.
 PART III
THE FUNDAMENTAL AND INHERENT POWERS OF
THE STATE
1. Police Power

 It is the sovereign power to promote and protect the general welfare

2. Power of Eminent domain

 It is an inherent power of the state that enables it to forcibly acquire private property, which is in-
tended for public use, upon the payment of just compensation to the owner

3. Power of Taxation

 It is the inherent power of the State to raise revenues to defray the expenses of government or for
any public purposes
 SIMILARITIES OF THE
THREE INHERENT POWERS OF THE STATE
CODE : I - I – E- L
I – Interference (They are the three methods by which the State inter-
feres with private right)

I – Inherent (They are inherent in the State and they may be exercised
by the State without the need if express constitutional grant)

I – Indispensable and indestructible (They are not only neces-

sary, but also indispensable and indestructible as the State itself)

E – Equivalent compensation (They presuppose equivalent com-

pensation)

L – Legislative in character (They are exercised primarily by legis-

lature)
THE THREE POWERS DIFFER IN THE FOLLOWING:
Code: N – P – E - R

N – Nature (As to nature of compensation)

P – Property (As to nature of property)

E – Exercise of power (As to how the proper is exercised)

R – Regulated (As to what is regulated)

 AS TO THE NATURE OF
AS TO NATURE OF COM-
PROPERTY
PENSATION

In Police Power
In Police Power  police power involves destruction and con-
 The compensation of the person subjected
fiscation of property which are noxious.
to police power is the intangible altruistic feeling
that he has contributed to the general welfare.
In Eminent Domain and Taxation
In Eminent Domain and Taxation  the property is taken for public use,
 There is full and just compensation or the prop-
erty taken.

In Taxation
 There is corresponding protection and public
improvement for the taxes paid.
BRIEF DISCUSSION OF IMPEACHMENT

Q - What is impeachment?
A - It is a method of national inquest into the conduct of public
men. It is also referred to as an extraordinary process of
removal exercised by the legislature over a selected member of
officials.
Q - Who are the impeachable officials under the 1987
Constitution?
A - 1.President
2.Vice-President
3.Members of Supreme Court
4.Members of Constitutional Commissions. (Sec. 2, Art. II,
1987 Constitution)
Q- What are the grounds for impeachment?

A - The grounds for impeachment are:

1. Culpable violation of the Constitution;
2. Treason;
3. Graft and Corruption; and
4.Other high crimes, or betrayal of public trust.

Q - What is culpable violation of the Constitution?

A - It is defined as wrongful, intentional or willful disregard of the

fundamental law.
Q - What is treason?

A - It is a crime committed by any person who, owing allegiance to the sovernment of the
Philippines, levies war against it of adheres to its enemies, giving them aid and comfort.
(Art. 114 RPC)

Q - What is bribery?

A - It is a crime committed by any public officer who shall agree to perform an act, whether
or not constituting a crime, or refrain from doing an act which he is officially required
to do in connection with the performance of his official duties, in consideration of any
offer, promise, gift or present received by him personally or through the mediation of
another, or who shall accept gifts offered to him by reason of his office.
(Arts. 210-211, ibid.)
Q - What are other high crimes?

A - They are to those offenses which "like treason and bribery, are of so serious and
enormous a nature as to affect the very life or the orderly workings of the government“

Q - What are the acts that constitute graft and corruption?

A -.They are enumerated in the Anti-Graft and Corrupt Practices Act, which was in force
at the time of the adoption of the Constitution. Section 8, R.A. No. 3019, as amended.
Q- What is betrayal of public trust?

A.- It is a new ground added by the Constitutional Commission presumably to cover

other all-offenses unbecoming a public functionary but not punishable by the criminal
statutes.
Q - What is the procedure of impeachment?

A - Section 3, Article XI of the 1987 Constitution provides for the procedure of

impeachment. These are the following rules:

1. The House of Representative shall have the exclusive power to initiate all cases of
impeachment by a vote of 1/3 of its members.
2. The Senate has the sole power to try and decide all cases of impeachment case
and "no person shall be convicted the Senate.“

Q - Who can, file a complainant for impeachment?

A - Section 3(2), Article XI, states that "a verifed complainant for impeachment may
be filed by (a) any Member of the House of Representatives or (b) by any citizen
upon a resolution of endorsement by any Member thereof."
Q - Can an impeachment proceeding be initiated against the
same official more than once within a period of one year?

A - No. Section 3(6) provides that "No impeachment proceedings shall be initiated
against the same official more than once within a period of one year." This is in-
tended to prevent impeachment from being instrument of mere harassment.
Q- Who has the sole power to try and decide all cases of
impeachment?

A - Section 3(6), Article XI of the 1987 Constitution provides as The Senate shall
have the sole power to try and decide all cases of impeachment.
Q - What is the nature of the impeachment proceeding?

A - In page 318, third paragraph of Political Law by Justice Isagani;

Cruz, 1987 Edition, he said: "Impeachment proceedings are in a sense judicial
and penal in character.

Q- What rules apply in an impeachment proceeding?

A - The rules of the present Senate. The Rules of Court shall supplement the Rules
of the Senate whenever it is practicable.
Q - What is needed in order to convict the person subject of im-
peachment?

A - Section 3(6) "xxx No person shall be convicted without the concurrence of

two-thirds of all the members of the Senate.“

Q - What is the effect of a judgment in case of impeachment?

A - Section 3(7), Article XI, specifies the following effects:

a. Removal from office;
b. Disqualification to hold any office under the Republic of the Philippines;
c.In addition, the party convicted shall nevertheless be liable and subject to prosecu-
tion, trial and punishment according to law.
Thank you!
JUHAINA A. ADIONG