Distinguish between ex post facto law and bill of attainder. (3%)
Suggested answer only. Not an official answer and not legal advice.
An ex post facto law penalizes past innocent acts retroactively, while a bill of attainder inflicts punishment without judicial trial.
Under Article III, Section 22 of the 1987 Constitution, ex post facto laws and bills of attainder are prohibited. An ex post facto law retroactively alters criminal liability to the prejudice of the accused. A bill of attainder substitutes legislative fiat for judicial adjudication.
Here, an ex post facto law focuses on the retroactive effect of penal statutes on past conduct. In contrast, a bill of attainder singles out specific individuals or groups to impose penalties without trial.
Consequently, ex post facto law involves retroactive penalization, whereas a bill of attainder involves legislative punishment without trial.
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Quick check
What constitutional provision prohibits the enactment of ex post facto laws and bills of attainder in the Philippines?
Article III, Section 22 explicitly prohibits ex post facto laws and bills of attainder.
Which of the following describes an ex post facto law?
An ex post facto law retroactively penalizes past conduct to the prejudice of the accused.
What is the defining characteristic of a bill of attainder?
A bill of attainder is a legislative act that inflicts punishment without a judicial trial.
To which category of laws does the constitutional prohibition against ex post facto laws strictly apply?
The constitutional prohibition against ex post facto laws applies strictly to penal laws.
Why does a bill of attainder violate the fundamental constitutional principle of separation of powers?
A bill of attainder usurps judicial power by imposing punishment through legislative fiat without trial.
Learn more about these topics
1. Ex Post Facto
An ex post facto law is one that makes an action done before the passing of the law, which was innocent when done, criminal, and punishes such action. It also includes laws that aggravate a crime, inflict a greater punishment, or alter the legal rules of evidence to authorize conviction upon less or different testimony than the law required when the offense was committed. To fall within the constitutional prohibition under Article III, Section 22, the ex post facto law must be penal in nature, operate retroactively, and deprive the accused of a substantial right or protection.
2. Bill of Attainder
A bill of attainder is a legislative act that inflicts punishment without judicial trial. Its essential element is the substitution of a legislative act for a judicial determination of guilt. If the statute singles out specific individuals or easily identifiable groups and imposes penalties, forfeitures, or disqualifications upon them directly without the safeguards of a judicial trial, it violates the constitutional prohibition against bills of attainder. The prohibition ensures that legislative bodies do not usurp the judicial function of hearing, trying, and determining criminal guilt and applying statutory penalties.
3. Constitutional Guarantee
The prohibitions against ex post facto laws and bills of attainder under Article III, Section 22 of the 1987 Constitution serve as vital safeguards against legislative tyranny and arbitrary governance. Both constitutional provisions protect individuals from retroactive penalization and legislative condemnation. While ex post facto laws safeguard against the retroactive application of prejudicial criminal legislation to past conduct, bills of attainder preserve the separation of powers by ensuring that punishment cannot be imposed by legislative enactment without due process of law and judicial adjudication.