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Ex Post Facto Law

Ex post facto laws retroactively change the legal consequences of actions committed before the law was enacted, potentially criminalizing previously legal acts or increasing penalties. The 1987 Philippine Constitution prohibits such laws as they violate individual rights and democratic principles. These laws can take various forms, including criminalizing past actions, increasing punishments, altering evidence rules, and depriving legal protections.

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6 views1 page

Ex Post Facto Law

Ex post facto laws retroactively change the legal consequences of actions committed before the law was enacted, potentially criminalizing previously legal acts or increasing penalties. The 1987 Philippine Constitution prohibits such laws as they violate individual rights and democratic principles. These laws can take various forms, including criminalizing past actions, increasing punishments, altering evidence rules, and depriving legal protections.

Uploaded by

malbaguilat
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Ex post facto law

● These are laws that retroactively alters the legal consequences of


actions that were committed before the enactment of the law.
These may criminalize acts that were legal when committed,
increase the penalties for an offense after it has been committed,
or alter the rules of evidence or procedure to the detriment of the
accused.
● Article III, Section 22 of the 1987 Philippine Constitution prohibits
the enactment of ex post facto law or bill of attainder, as these
are regarded as fundamental violations of individual rights and
are universally prohibited in democratic systems.

● An ex post facto law is one which:


1. makes criminal an act done before the passage of the law and
which was innocent when done, and punishes such an act;
2. aggravates a crime, or makes it greater than it was when
committed;
3. changes the punishment and inflicts a greater punishment than
the law annexed to the crime when committed;
4. alters the legal rules of evidence, and authorizes conviction upon
less or different testimony than the law required at the time of the
commission of the offense;
5. assuming to regulate civil rights, and remedies only, in effect
imposes penalty or deprivation of a right for something which
when done was lawful; and
6. deprives a person accused of a crime of some lawful protection
to which he has become entitled such as the protection of a
former conviction or acquittal, or a proclamation of amnesty.

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