Sto tomas grno116418mar71995

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Unformatted text preview: ince the right to due process was violated. (People v. Dumlao, G.R. No. 168918, Mar. 2, 2009) x. EX POST FACTO LAW AND BILL OF ATTAINDER Q: What are the kinds of ex post facto law? A: It can be a law that: 1. Makes an act, which was innocent when done, criminal and punishes such action 2. Aggravates a crime or makes it greater than when it was committed 3. Changes the punishment and inflicts a greater punishment than the law annexed to the crime when it was committed 4. Alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense in order to convict the defendant 5. Assumes to regulate civil rights and remedies only. In effect imposes 112 6. penalty or deprivation of a right for something which when done was lawful Deprives a person accused of a crime of some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty Q: What is a bill of attainder? A: A “bill of attainder” is a legislative act that inflicts punishment without trial, its essence being the substitution of legislative fiat for a judicial determination of guilt. (People vs. Ferrer) Note: It is only when a statute applies either to a named individuals or easily ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial that it becomes a bill of attainder. Q: What are the two kinds of bill of attainder? A: 1. Bill of attainder proper (legislative imposition of the death penalty) 2. Bill of pains and penalties (imposition of a lesser penalty). Q: X was charged with illegal possession of firearms. When X committed the offense, the governing law was PD 1866, which provided for the penalty of reclusion temporal to reclusion perpetua. However, while the case was pending, PD 1866 was amended by RA 8294, which reduced the penalty to prision correccional but increasing the amount of fine. If X is convicted, which penalty shall be imposed? A: R.A. 8294 is the ap...
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