Practice question
Which institutional boundary is protected by the ban on bills of attainder?
- Legislatures must determine every defendant’s guilt
- Courts may enact any criminal offense they desire
- The legislature prescribes rules, while criminal guilt and punishment require the judicial process
- Prosecutors may dispense with courts whenever Congress agrees
- Only a committee chair may acquit
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 Used for doctrine, not as a claim that repealed RA 1700 remains operative.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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