People vs Ferrer

PEOPLE VS. FERRER [48 SCRA 382; NOS.L-32613-14; 27 DEC 1972] 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 t he 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 o f opinion that 1.) The Congress usurped the powers of the judge 2.) Assumed judicial magistracy by pronouncing the guilt of the CP P without any forms of safeguard of a j udicial trial. 3.) It created a presumption of organizational guilt by being members of the CPP regardless r egardless 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 t he CPP is punishable. Section 5 states that due investigation by a designated prosecutor by the S ecretary 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. Se ction 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. For penalizing membership of 

CPP (2) Whether or Not RA1700 violates free dom of expression. Held: The court holds the VALIDITY Of the Anti-Subversion Act of 1957.

A bill of attainder is solely a legislative act. I t 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 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 m ust be shown that membership was acquired with the intent to further the goals of the organization by overt acts. This is t he 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 P ROSPECTIVE in nature. Section 4 prohibits acts committed afte r 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 o nly a basis of Section 4 of the A ct. The EXISTENCE OF SUBSTANTIVE EVIL justifies the limitation 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 e stablished: 1. Subversive Organizations besides the CPP, it m ust 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 TRI AL COURT.