Section 22. No Ex Post Facto Law or Bill of Attainder Shall Be Enacted. Ex Post Facto
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mangopie00000Section 22. No Ex Post Facto Law or Bill of Attainder Shall Be Enacted. Ex Post Facto
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mangopie00000Section 22. No ex post facto law or bill of attainder shall be enacted.
ex post facto
punished for an act not punishable when committed; law applied retroactively
punishes
aggravates the crime
increases penalty
removes a protection [presumption of guilt]
requisites
must be criminal matter
applied retroactively
disadvantageous to accused (pre-judicial)
also applies to decisions of SC [prevailing principle which form part of the law]
cannot be retroactively applied to cases fifiled before the decision if disadvantageous
to
the accused
bill of attainder
legislative enactment imposing penal sanction without judicial trial
Congress not only making laws but acting as judge and executioner
violates not only separation of powers but also due process
Chapter. Furthermore, Article 2176 covers not only acts “not punishable
by law” but also acts criminal in character, whether intentional and
voluntary or negligent.
Negligence is the omission of that degree of diligence which is
required by the nature of the obligation and corresponding to the
circumstances of the persons, time and place. Aton was negligent in
taking Condonuevo as hostage. As a security guard, his duty was to
ensure the safety of the persons and property in the building. Aton’s
negligence resulted to the death of Condonuevo.