PEOPLE VS. FERRER [48 SCRA 382; NOS.

L-32613-14; 27 DEC
1972]

Monday, February 09, 2009 Posted by Coffeeholic Writes

Labels: Case Digests, Political Law

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.

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 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 to its unlawful acts.

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

acts committed after approval of the act. The members of the
subversive organizations before the passing of this Act is given an
opportunity to escape liability by renouncing membership in
accordance with Section 8. The statute applies the principle of mutatis
mutandis or that the necessary changes having been made.

The declaration of that the CPP is an organized conspiracy to

overthrow the Philippine Government should not be the basis of guilt.
This declaration is only a basis of Section 4 of the Act. The EXISTENCE
OF SUBSTANTIVE EVIL justifies the limitation to the exercise of
“Freedom of Expression and Association” in this matter. Before the
enactment of the statute and statements in the preamble, careful
investigations by the Congress were done. The court further stresses
that whatever interest in freedom of speech and association is
excluded in the prohibition of membership in the CPP are weak
considering NATIONAL SECURITY and PRESERVATION of DEMOCRACY.

The court set basic guidelines to be observed in the prosecution under

RA1700. In addition to proving circumstances/ evidences of subversion,
the following elements must also be established:
1. Subversive Organizations besides the CPP, it must be proven that
the organization purpose is to overthrow the present Government of
the Philippines and establish a domination of a FOREIGN POWER.
Membership is willfully and knowingly done by overt acts.
2. In case of CPP, the continued pursuance of its subversive purpose.
Membership is willfully and knowingly done by overt acts.

The court did not make any judgment on the crimes of the accused
under the Act. The Supreme Court set aside the resolution of the TRIAL
COURT.