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People vs. Ferrer: Anti-Subversive Act Ruling

This document summarizes a Supreme Court case from 1972 regarding the constitutionality of the Anti-Subversive Act of 1957 (RA 1700). The trial court judge had dismissed charges against defendants for subversion, finding RA 1700 to be a bill of attainder. The Supreme Court ultimately held that RA 1700 was not a bill of attainder or ex post facto law because [1] it was prospective in nature, prohibiting only acts committed after its approval, and [2] it allowed members of subversive organizations before its passing to avoid liability by renouncing membership.

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65 views1 page

People vs. Ferrer: Anti-Subversive Act Ruling

This document summarizes a Supreme Court case from 1972 regarding the constitutionality of the Anti-Subversive Act of 1957 (RA 1700). The trial court judge had dismissed charges against defendants for subversion, finding RA 1700 to be a bill of attainder. The Supreme Court ultimately held that RA 1700 was not a bill of attainder or ex post facto law because [1] it was prospective in nature, prohibiting only acts committed after its approval, and [2] it allowed members of subversive organizations before its passing to avoid liability by renouncing membership.

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nojaywalkng
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We take content rights seriously. If you suspect this is your content, claim it here.
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Art 1 to 3 Case 6

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 R.A.
1700 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 ofcontempt 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 on the 20 th of June 1957. 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.

Issue: Whether or not RA1700 is a bill of attainder/ ex post facto law.

Held:

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
is not the basis of guilt, but the existence of substantive evil.

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