When an act is promulgated by law and also by a local ordinance, conviction oracquittal under one shall be a bar to prosecution under the other. Thus, where a person isfound guilty and convicted of improper disposal of garbage under a law (P. D. 825), hemay not be prosecuted for the same act under a city or municipal ordinance, and viceversa.Ex Post Facto Law; Bill of AttainderSection 22 of the Bill of Rights prohibits the enactment of an ex post facto laworof a bill of attainder.An ex post factolaw is any law that seeks to punish an act, which was notpunishable at the time it was committed, or which puts the offender at a disadvantage byincreasing the penalty of his crime from that which the law prescribed at the time of itscommission, 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 retroactiveeffect unless the law itself expressly says so and provided they are not to the disadvantageof the accused. For example, a law reclassifying a certain kind of drug as non-prohibitiveis not ex post facto, despite its retroactive effect, as it would favor a person who has beenpreviously accused of possession of said drug. But a law declaring a rate of interest asusurious but which was legal at the time of the contracting of a loan is ex post factoas itpunishes an act, which was innocent, when it was committed. 51
Bill of Attainder.A bill of attainder is a legislative act, which inflicts punishmentwithout 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 toimprisonment forthwith.(SEE NO. 3 OF "INSTRUCTIONS TO THE STUDENT")52
Political Science 2Module IILesson 4SELF-PROGRESS CHECK TESTTEST 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.