People vs Perfecto Case Digest

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Case Digest of the Case People of the Philippines v. Perfecto, Phil 887 Vera v. Avelino

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PEOPLE v. PERFECTO, PHIL. 887 G. R. NO. L-18463, October 4, 1922 MALCOLM, J.:

FACTS:

Fernando M. Guerrero, the Secretary of the Philippine Senate, discovered documents which consists of records of testimony given by witnesses in the investigation o companies had disappeared from his office.The day after he had informed the Senate bod the loss of documents in the session called by the Governor-General, an article against Senate, which was edited by the herein defendant, Mr. Gregorio Perfecto, was publishedin newspaper La Nacion.Mr. Perfecto was accused to have violated the Article 256 of the Spa Penal Code (SPC) which punishes “any person who, by *** writing, shall defame, abus insult, any Minister of the Crown or other person in authority ”.

ISSUE/S:

Whether or not the Article 256 of the Spanish Penal Code (SPC) is still in effect des the change of soveriegnty from Spanish to United State.

RULING:

No, the Article 256 of the SPC is not in effect and cannot be applied in this case. F the article was enacted to protect the Spanish officials who were representatives of the K However, there are no longer Kings nor representatives of the Kings to protect at present “Minister of the Crown” does not exist in the current govern ment.Second, the Philippine Law (Act No. 227) had repealed so much in the provision that relates to written defama abuse and insult in the SPC and based on the facts, the defendant violatedneither of the laws. Lastly, the change change from Spanish to American sovereignty of the Philippines.As state a general principle of public law, the laws that regulates the relations of the inhabitants of acquired territory to the previous sovereign are abrogated. Therefore, the judgment reversed, and the defendant-appellant was acquitted.

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