When an act is promulgated by law and also by a local ordinance conviction or

When an act is promulgated by law and also by a local

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When an act is promulgated by law and also by a local ordinance, conviction or acquittal under one shall be a bar to prosecution under the other. Thus, where a person is found guilty and convicted of improper disposal of garbage under a law (P. D. 825), he may not be prosecuted for the same act under a city or municipal ordinance, and vice versa. Ex Post Facto Law; Bill of Attainder Section 22 of the Bill of Rights prohibits the enactment of an ex post facto law or of a bill of attainder. An ex post facto law is any law that seeks to punish an act, which was not punishable at the time it was committed, or which puts the offender at a disadvantage by increasing the penalty of his crime from that which the law prescribed at the time of its commission, or by altering the rules of evidence in order to convict him. As a rule, laws are prospective in their effectivity; they cannot have a retroactive effect unless the law itself expressly says so and provided they are not to the disadvantage of the accused. For example, a law reclassifying a certain kind of drug as non-prohibitive is not ex post facto , despite its retroactive effect, as it would favor a person who has been previously accused of possession of said drug. But a law declaring a rate of interest as usurious but which was legal at the time of the contracting of a loan is ex post facto as it punishes an act, which was innocent, when it was committed. 51
Bill of Attainder. A bill of attainder is a legislative act, which inflicts punishment without judicial trial. If the punishment is less than death, it is called a bill of pains and penalties. An example of a bill of pains and penalties would be a law, for instance, declaring the members of a certain organization as subversives and condemning them to imprisonment forthwith. (SEE NO. 3 OF "INSTRUCTIONS TO THE STUDENT") 52
Political Science 2 Module II Lesson 4 SELF-PROGRESS CHECK TEST TEST I. Identification. Identify the word/s referred to by each of the following statements within the context of the Bill of Rights. Write your answer on the blank before each number. ________________ 1. Hears before it condemns. ________________ 2. All persons under similar circumstance to be treated alike. ________________ 3. Power of the State to take private properties for public use. ________________ 4. Declaration of individual rights of the people. ________________ 5. God-given rights. ________________ 6. Rights through which people take part in government affairs. ________________ 7. Rights of a person to establish himself freely, orally or in writing. ________________ 8. Permits a person to express himself freely orally or in writing. ________________ 9. Guarantees right of the people to organize themselves for lawful purposes. _______________ 10. Crime committed by a person who inflicts damage on someone's honor in writing. _______________ 11. Permits the people to gather together to present demands to the government.

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