PEOPLE OF THE PHILIPPINES v. HON. SIMEON FERRER et.

al
48 SCRA 382| December 27, 1972
Castro, J.

Doctrine: A person convicted for illegal recruitment under the Labor Code can be convicted
for violation of the Revised Penal Code provisions on estafa provided the elements of the
crime are present.

FACTS
A criminal complaint for violation of section 4 of the Anti-Subversion Act was filed against
respondent Feliciano Co. It is alleged in the information that the accused was an instructor in the
training school of recruits and was an officer and/or ranking leader of the Communist Party of the
Philippines, an illegal organization aimed to overthrow the Government of the Philippines. On the
same manner, an information for the violation of the same law was also filed against respondents
Tayag and 5 others which alleged that the respondents were members of Kabataang Makabayan
which is a subversive organization and, on several occasions, conducted meetings and seminars
wherein they delivered speeches instigating and inciting people to overthrow the government.
In response, both Co and Tayag moved to quash, arguing that the Anti-Subversion Act is
a bill of attainder. Thereinafter, the trial court rendered its assailed decision which declared the
statute void on the ground that it is a bill of attainder and it is vague and overboard.

ISSUES AND HOLDING

1. W/N the Anti-Subversion Act is a bill of attainder?
A bill of attainder is defined as a legislative act which inflicts punishment without
trial, effectively substituting the judicial determination of guilt. The constitutional ban
against the same serves to implement the principle of separation of powers 5 confining
legislatures to rule-making and thereby forestalling legislative usurpation of the judicial
function. In the case at bar, the trial court held that the Anti-Subversion Act was in fact, a
bill of attainder because it treats the Communist Party of the Philippines as a continuing
danger to the freedom and security of our country which tantamount to a declaration of
guilt of the CCP without any forms or safeguards of a judicial trial. The trial court also
faults the same law for automatically punishing members of the organization without
regard as to whether they are a voluntary member or not.
However, a careful perusal of the actual operation of the Act will show that nowhere
in the law that it specified the Communist Party or members thereof for the purpose of
punishment. It merely declared the party as an organized conspiracy for the overthrow of
the government. It is undeniably applicable to any organization with the purpose of
overthrowing the government, its focus is not on individuals but on the punishable conduct.
Moreover, the fact that the government still charges an accused before the Court for the
violation of the said law supports the fact that it is not a bill of attainder. The government
still needs to establish the guilt of the accused before the Court.

WHEREFORE, the judgment appealed from finding accused-appellant Tan Tiong Meng alias
"Tommy Tan" guilty of illegal recruitment in large scale and six (6) counts of estafa, is hereby
AFFIRMED. Costs against accused-appellant.

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