Practice question
A law singles out an ascertainable group and imposes a punitive occupational ban based on a legislative guilt finding, without judicial determination. Its defenders rely solely on the fact that no prison term is imposed. Which response follows Fuertes’ formulation?
- Absence of imprisonment alone is not conclusive because punishment may be penal or otherwise
- Every occupational sanction is automatically outside the doctrine
- Only death can count as attainder punishment
- A punitive label never matters
- The lack of judicial determination is irrelevant
Legal references
- Fuertes v Senate GR208162 January7,2020 ENBANC MAIN, attainder and retained judicial guilt determination: https://lawphil.net/judjuris/juri2020/jan2020/gr_208162_2020.html MAIN doctrine only; no assertion that earlier hazing provisions supersede RA11053.
- 1987 Constitution ArticleIII Sections1,14,22: https://lawphil.net/consti/cons1987.html
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