Practice question
A general statute defines prohibited conduct and requires a court to determine all elements and guilt through trial. Does the fact that a particular group is especially likely to be prosecuted automatically make the statute a bill of attainder?
- Yes, any identifiable affected group is sufficient
- No; identification or impact alone is insufficient when the law does not itself impose punishment without judicial trial
- Yes, all conduct-focused criminal laws are attainders
- Only the group’s size matters
- Only the statute’s title matters
Legal references
- https://lawphil.net/consti/cons1987.html — Constitution, Article III section 22: prohibition of bills of attainder.
- https://lawphil.net/judjuris/juri1972/dec1972/gr_l_32613_14_1972.html — People v. Ferrer, G.R. L-32613–14, December 27, 1972, main decision: legislative punishment without judicial trial, ascertainable groups and conduct-based laws. Used for doctrine, not as a claim that repealed RA 1700 remains operative.
- https://lawphil.net/judjuris/juri2020/jan2020/gr_208162_2020.html — Fuertes v. Senate, G.R. 208162, January 7, 2020, main decision: judicial determination and rebuttable presumption distinguished from attainder.
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