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[2/4] Rafael Baylosis, Et Al. Vs. Apolonio R. Chavez, Jr., Et Al.

[2/4] RAFAEL BAYLOSIS and BENJAMIN DE VERA, petitioners, vs. HON. APOLONIO R. CHAVEZ, JR., RIZAL PROVINCIAL PROSECUTOR MAURO CASTRO, COL. VIRGILIO SALDAJENO, HON. FRANKLIN M. DRILON, JR., HON. FIDEL V. RAMOS and GEN. RENATO DE VILLA, respondents. Romeo T. Capulong for Rafael Baylosis. Arno V. Sanidad for Benjamin de Vera. Efren H. Mercado for Marco Palo.

G.R. No. 95136 | 1991-10-03

Separate Opinions

SARMIENTO, J., dissenting:

I dissent. I would like to point out that I was originally assigned to write the opinion for the majority in Misolas vs. Panga, 1 My opinion sought to strike down Presidential Decree No. 1866 for three reasons: (1) it is a bill of attainder because it presumes the accused to be guilty, as well, of the crime of subversion, in addition to "illegal possession;" (2) it is vague; and (3) it violates the rule against double jeopardy. I take the liberty in restating that opinion, as I originally wrote it:

The petitioner, a detained prisoner, prays that the Court declare "the third paragraph of...