US Senate’s Resolution Not A Bill of Attainder

UP Law Prof Counters Sotto: US Senate’s Resolution Not A Bill of Attainder

A resolution calling for Senator Leila De Lima’s immediate release was recently introduced in a U.S. Senate Committee and a Bill was approved banning the entry into the USA of “Philippine officials involved in the [illegal] detention of Senator Leila M. De Lima.” Reacting to this in a social media post, Senate President Vicente Sotto noted that this was akin to passing a Bill of Attainder which is prohibited under both the US and Philippine constitutions.

On the other hand, Professor Jay Batongbacal responded that “the US Senate’s move was not a violation of the provision on the Bill of Attainder.” As reported in Business World of September 29, 2019, he explained that a “Bill of Attainder legislatively imposes criminal penalty for offenses without trial.” He opined that “the proposed US ban was a form of immigration control, similar to the ban imposed by the Philippines on United Nations representatives seeking to investigate the government’s anti-illegal drug campaign.”

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  • Post category:News
  • Post last modified:October 15, 2019