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CASE DIGEST ON In Re: KAY VILLEGAS KAMI [35 SCRA 429 (1970)]

November 10, 2010


Facts: Kay Villegas Kami Inc. claiming to be a recognized non-stock, non-profit corporation contests validity of RA # 6132 Sec. 8 saying it violates due process rights of association, freedom of expression and is an ex post facto law

Issues:

1.         WON it violates three rights?

No. It’s set up to prevent prostitution of electoral process and equal protection of laws.

2.         WON it is an ex post facto law?

No. Ex post facto law defined:

a.         makes criminal an act done before law was passed and punishes act innocent when done.

b.         aggravates a crime, makes it greater than it was

c.         inflicts greater punishment than the law prescribed when committed

d.         alters legal rules of evidence and authorizes conviction upon less or different tests

e.         assuming to regulate civil rights and remedies only in effect imposes penalty or deprivation of right which when done was lawful

f.          deprives a person accused of a crime some lawful protection to which he has become entitled, such as the protection of a former conviction of acquittal or a proclamation of amnesty.

Held: Petition denied. Constitutional act.

Constitutional inhibition refers only to criminal laws. Penalty in law imposed to acts committed after approval of law

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