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Sep 22, 2023 · An ex post facto law is one which, among others, aggravates a crime or makes it greater than it was when committed or changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed.
People v. Jabinal. – possession of unlicensed firearms; secret agent; -. No criminal liability would attach to such possession of said firearm in spite of the absence of a license and permit. Jabinal must be absolved; Jabinal may not be punished for an act which at the time it was.
Ex post facto law/bill of the attainder. Case: REPUBLIC OF THE PHILIPPINES, Represented by THE ANTIMONEY LAUNDERING COUNCIL (AMLC) vs HON. ANTONIO M. EUGENIO, JR., AS PRESIDING JUDGE OF RTC, MANILA, BRANCH 34, PANTALEON ALVAREZ and LILIA CHENG | G. No. 174629 Date: February 14, 2008 | Ponente: Tinga, J. TOPIC: Ex Post Facto Digested by: Sydney ...
As the Committee puts it, the issues to be resolved are: (i) whether or not the offenses subject of its criminal complaint have prescribed, and (ii) whether Administrative Order No. 13 and Memorandum Order No. 61 are ex post facto laws.
- LAZARO-JAVIER, J.:
- The challenged provisions read:
- The grantee shall, as far as practicable and subject to required qualifications, accord preference to hiring former employees of PECO
- A. Essence of a hill of attainder
- concept that the ban on bills of attainder is a takings protection and lits
- i. Singling out of a definite class
- The Explanatory Note for the precursor of RA 11212, House Bill No. 8132, identifies PECO as a wrongdoer in this manner:
- MORE as the new franchise holder simply to take over PECO's properties
- remedies other than or alternative to expropriation:
- the uniqueness of the congressional action - as admitted by the Energy Regulatory Commission during the congressional deliberations (see below), and
- REP. UYBARRET A. And do you have the necessary infrastructures to supply the customer needs of Iloilo?
- MR. GUEVARRA. Yeah.
- 17 condemn PECO's properties and decree the hiring ofPECO's staff. ,
- xxxx
- G.R. Nos. 248061 & 249406
- The ponencia claims that:
- IV.
- Here, Sections 10 and 17 have become the default broker for
- Associate Justice
Eminent Domain Wolves in Sheep's Clothing: Private Benefit Masquerading as Classic Public Use1 Today the Court abandons this long-held, basic limitation on government power. Under the banner of economic development, all private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded--i.e.,...
SECTION 10. Right of Eminent Domain. - Subject to the limitations and procedures prescribed by law, the grantee is authorized to exercise the power of eminent domain insofar as it may be reasonably necessary for the efficient establishment, improvement, upgrading, rehabilitation, maintenance and operation of its services. The grantee is authorized ...
upon commencement of business operations. An infonnation dissemination campaign regarding public services and operations of the grantee shall be made to all end-users in the franchise area. The grantee and PECO shall jointly ensure that employees not hired by the grantee shall receive all separation and/or retirement benefits they are entitled to i...
Bills of attainder have often been associated with criminal statutes. There is however no reason not to use the proscription against them to civil statutes that mirror what bills of attainder do in the criminal setting. ;/ ', '
clarification of other constitutional doctrines has value for us today. There is no compelling reason why the antebellum understanding of bills of attainder is any less legitimate now than back then. To be sure, the Fifth Amendment protections now apply to state takings due to the Fourteenth Amendment's incorporation doctrine. But this application ...
If the statute sets forth a generally applicable rule decreeing that any person who commits certain acts or possesses certain characteristics shall not . enjoy a right or a privilege, and leaves to courts the task of deciding what persons have committed the specified acts or possessed the specified characteristics, the statute is valid. But if the ...
The quality of service of PECO has been wanting. Among the complaints against PECO are: overbilling/overcharging, arrogant personnel/poor customer relations, distributor related outages, inadequately maintained lines, inadequate investment in distribution facilities, and inordinate delay in the restoration of power services, among others.
as it did not have the facilities to establish, operate, and maintain its franchise. Would this type of public use legitimately fall within the rubric of public use for eminent domain purposes, when public use was brought about by bringing in a new franchise holder that can discharge the franchise only by taking over the assets of the immediately p...
In this case, petitioner contends that respondent City of Pasig failed to establish a genuine necessity which justifies the condemnation of her property. While she does not dispute the intended public purpose, nonetheless, she insists that there must be a genuine necessity for the proposed use and purposes. According to petitioner, there is already...
(iii) the breadth of the restrictive action in this case - the wholesale condemnation of PECO's_ properties, since these properties are its only properties and will result in its bankruptcy as a
MR. CASTRO. At the moment, well, I would say we don't have it but if given the ... granted the franchise and well, the existing franchise holder is also ... Well; if the franchise is extended, well, we are considering to also put up our own infrastructure, Your Honor. REP. UYBARRETA. What is the current growth as far as demand is concerned of Haila...
REP. UYBARRETA. Ilan 'yung 10 nila? llan 'yung 50 nila? MR. CASTRO. Sorry, Your Honor. Well, we don't have that data for now, Your Honor. 3. The legislative intent is to ascribe public use and genuine public necessity to the condemnation of PECO's properties and to peg the amount of just compensation, regardless of a court proceeding. REP. UYBARRET...
REP. UYBARRETA. And currently, this MORE Minerals Corporation, how many ang staff ninyo ngayon? MR. CASTRO. Well, Your Honor, for now since, well, it is only very recent that we've activated it and yeah, since the mining has never operated, so we actually don't have any people and staff under the current setup, Your Honor. So, right now, to answer ...
REP. TAMBUNTING. Thank you very much, Atty. Jan. For the transition plan which has been submitted to the ComSec, maybe we can ask Mr. Roel Castro to expound on this, with the permission of the Chair. THE CHAIRPERSON. Mr. Castro, do you have a presentation or ... MR. ROEL Z. CASTRO (President, MORE Electric and Power Corporation). Good morning, Your...
with the law of the land. That discussion was missing only one important ingredient - motive. This section discusses factions as the motive for legislative defiance of due process. Once again, the ban on bills of attainder is by far the best aid in understanding why factions are so dangerous. Why would a legislature be tempted to defy due process, ...
In her Dissenting Opinion, Justice Javier extends the concept of bill of attainder to cover Sec. 10 and Sec. 17 in that these legislations purportedly single out PECO and subject the latter to punishment without the benefit of trial. This conception bills of attainder is problematic for, as correctly pointed out by Justice Leonen in his dissent, a ...
Thoughts on Justice Caguioa's Opinion. As always, my friend and senior colleague's thoughts have sharpened the points of discussion. One. I agree with Justice Caguioa that "the power of expropriation is by no means absolute." But the power of eminent domain is not only limited by public use and just compensation; genuine public necessity and the pr...
MORE. The latter could have discovered that the cost of building facilities for the distribution of electricity was substantially higher than using these assailed provisions as its agent to take PECO's properties. MORE chose the easier and less expensive avenue to exercise its franchise.
CERTIFIED TRUE COPY Clerk of Court En Banc Supreme Court
No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Section 22. No ex post facto law or bill of attainder shall be enacted.
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On July 21, 1970 Tayag moved to quash, impugning the validity of the statute on the grounds that (1) it is a bill of attainder; (2) it is vague; (3) it embraces more than one subject not expressed in the title thereof; and (4) it denied him the equal protection of the laws.
