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Philippine Bar review · Question

Practice question: Bill of Attainder

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Practice question

Congress holds a public investigation and then enacts a law imprisoning the persons its committee found culpable, dispensing with prosecution in court. The targets spoke at the hearing. Explain why that fact does not resolve the constitutional objection.

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 Used for doctrine, not as a claim that repealed RA 1700 remains operative.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