[1988 BAR] Because of the marked increase in the incidence of labor

strikes and work stoppages in industrial establishments, Congress

intending to help promote industrial peace, passed, over the objections
of militant labor unions, an amendment to the Labor Code, providing
that no person who is or has been a member of the Communist Party
may serve as officer of any labor organization in the country. An
association of former NPAs (New Peoples Army) who had surrendered,
availed of amnesty, and are presently leading quiet and peaceful lives,
comes to you asking what could be done against the amendment.
What would you advise the association to do? Explain.
ANSWER: The disqualification of members of the CPP and its
military arm, the NPA, from being officers of a labor
organization would (1) nullify the amnesty granted by the
President with the concurrence, it may be assumed, of the
majority of the members of Congress and (2) permit the
condemnation of the former NPA members without judicial trial
in a way that makes it contrary to the prohibition against the
enactment of bill of attainder and ex post facto law. The
amnesty granted to the former NPAs obliterated their offense
and relieved them of the punishment imposed by law.
(Barrioquinto v. Fernandez, 82 Phil. 642, 1949). The
amendment would make them guilty of an act, that of having
been former members of the NPA, for which they have already
been forgiven by Presidential amnesty.
For these reasons, I would advise the association to work for
the veto of the bill and, if it is not vetoed but becomes a law,
to challenge it in court.
[2005 BAR] The Philippines and Australia entered into a Treaty of
Extradition concurred in by the Senate of the Philippines on September
10, 1990. Both governments have notified each other that the
requirements for the entry into force of the Treaty have been complied
with. It took effect in 1990. The Australian government is requesting
the Philippine government to extradite its citizen, Gibson, who has
committed in his country the indictable offense of Obtaining Property
by Deception in 1985. The said offense is among those enumerated as
extraditable in the Treaty. For his defense, Gibson asserts that the
retroactive application of the extradition treaty amounts to an ex post
facto law. Rule on Gibsons contention.
ANSWER: Gibsons contention is wrong. The prohibition against
ex post facto laws applies to penal laws only and does not
apply to extradition treaties. Extradition does not define
crimes. It merely provides a means by which a State may

obtain the return and punishment of a person charged with or

convicted of having committed a crime, who has fled the
jurisdiction of the State whose law has been violated. It was
held that an extradition treaty applies to crimes committed
before its effectivity unless the extradition treaty expressly
exempts them. It is therefore immaterial whether at the time
of the commission of the crime for which extradition is sought
no treaty was in existence. If at the time extradition is
requested there is in force between the requesting and the
requested States a treaty covering the offense on which the
request is based, the treaty is applicable.

[2007 BAR] Lawrence is a Filipino computer expert based in Manila who

invented a virus that destroys all the files stored in a computer.
Assume that in May 2005, this virus spread all over the world and
caused $50million in damages to property in the United States, and
that in June 2005, he was criminally charged before United States
courts under their anti-hacker law. Assume that in July 2005, the
Philippines adopted its own anti-hacker law, to strengthen existing
sanctions already provided against damage to property. The United
States has requested the Philippines to extradite him to US courts
under the RP-US Extradition Treaty.
(a) Is the Philippines under an obligation to extradite Lawrence? State
the rule and its rationale.
ANSREW: The Philippine is under no obligation to extradite
Lawrence. Under the principle of dual or double criminality, the
crime must be punishable in both the requesting and
requested states to make it extraditable. In this case, only the
United States had an anti-hacker law at the time of the
commission of the crime in May 2005. The rationale for the
principle of dual criminality rests on the basic principle of
reciprocity and of the legal maxim nulla poena sine lege.
(b) Assume that the extradition request was made after the Philippines
adopted its anti-hacker legislation. Will that change your answer?
ANSWER: No. The Philippines is still under no obligation to
extradite Lawrence. The rule is that the crime must be
punishable in both countries at the time of the commission of
the offense. Since there was yet no such crime in the
Philippines at the time when the acts complained of were
done, in so far as the Philippines is concerned, Lawrence did

not commit any crime. Hence, an extradition of Lawrence

would tantamount to an ex post facto application of the
Philippine anti-hacker law, prohibited by Section 22, Article III
of the Constitution.
[2008 BAR] The Philippine National Police (PNP) issued a circular to all
its members directed at the style and length of male officers hair,
sideburns and moustaches, as well as the size of their waistlines. It
prohibits beards, goatees, and waistlines over 38 inches, except for
medical reasons. Some police officers questioned the validity of the
circular, claiming that it violated their right to liberty under the
Constitution. Resolve the controversy.
ANSWER: Although the National Police is civilian in character, it
partakes of some of the characteristics of military life, thus
permitting the imposition of reasonable measures for
discipline, uniformity in behavior and presentableness. The
circular does not go beyond what is reasonable and therefore
passes the test of due process. It is the policy of the state to
secure peace and order through the PNP. Therefore, it is
reasonable to require them to be physically fit in order to
secure peace and order in the community. This is to boost the
confidence of the public that they are not lazy and they are
doing their job with dedication.
[2012 BAR] An ex post facto law has been defined as one: _____.
(A) which aggravates a crime or makes it lesser than when it was
committed;
(B) which mitigates a crime or makes it lesser than when it was
committed;
(C) which aggravates a crime or makes it greater than when it
was committed;
(D) which aggravates a crime or makes it non-criminal after it was
committed.
[2012 BAR] A bill of attainder is: _____.
(A) an executive act which inflicts punishment without tender;
(B) a judicial act which inflicts punishment without tender;
(C) a legislative act which inflicts punishment without trial;
(D) a legislative act which pardons punishment after tender.