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Philippine Bar review · Question

Practice question: Bill of Attainder

Multiple Choice Medium

Practice question

A statute declares three named people guilty of an offense and directs immediate collection of a punitive fine, expressly dispensing with judicial trial. Which is the clearest objection?
  1. The people were named, so they must be guilty
  2. It is a bill of attainder because the legislature inflicts punishment without judicial determination
  3. No issue exists if the fine is affordable
  4. Only an employer may object
  5. The statute is necessarily a lawful judicial judgment

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 Used for doctrine, not as a claim that repealed RA 1700 remains operative.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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