Bill of Attainder Defined

Bill of attainder defined: (Cite People vs. Ferrer – 48 SCRA 382 where the Supreme Court upheld the constitutionality of R.A. 1700 (Anti-Subversion Law) defining the CPP-NPA as an organized conspiracy to overthrow the government as not being a bill of attainder because membership must still be judicially determined to have been done “knowingly, willfully and by overt acts” as distinguished from mere nominal membership. There is still a judicial determination of guilt, not legislative determination of guilt or innocence of the accused which the Constitution frowns upon.

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