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Case 1. People v. Perfecto 277 SCRA 268

Fernando Guerrero discovered documents had gone missing from his office as Secretary of the Philippine Senate. An article criticizing the Senate was then published in a newspaper edited by Gregorio Perfecto. Perfecto was charged with violating Article 256 of the Penal Code. Article 256 punished insults against Spanish officials. The Supreme Court held that Article 256 was no longer in force. It was enacted to protect Spanish representatives, but the new American government viewed all men as equal. Additionally, laws conflicting with the new government's institutions and constitution were displaced. As Article 256 contradicted American ideology, it was deemed abrogated and the case dismissed.

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50 views1 page

Case 1. People v. Perfecto 277 SCRA 268

Fernando Guerrero discovered documents had gone missing from his office as Secretary of the Philippine Senate. An article criticizing the Senate was then published in a newspaper edited by Gregorio Perfecto. Perfecto was charged with violating Article 256 of the Penal Code. Article 256 punished insults against Spanish officials. The Supreme Court held that Article 256 was no longer in force. It was enacted to protect Spanish representatives, but the new American government viewed all men as equal. Additionally, laws conflicting with the new government's institutions and constitution were displaced. As Article 256 contradicted American ideology, it was deemed abrogated and the case dismissed.

Uploaded by

Aubrey
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CASE 1.

People v. Perfecto
277 SCRA 268

FACTS:
About August 20, 1920, Fernando Guerrero, the Secretary of the Philippine Senate discovered
that certain documents which constituted the records of testimony by witnesses in the
investigation of oil companies had disappeared from his office. On September 7, 1920, the
newspaper La Nacion, edited by Mr. Gregorio Perfecto published an article criticizing the
Senate and its members in general. As a result, he was charged guilty of violating Article 256 of
the Penal Code by the CFI of Manila. Petitioner filed an appeal to the Supreme Court praying
for the dismissal of the case on the ground that said Article is no longer in force.

ISSUE:
Is Article 256 of the Penal Code still in force despite the change of Spanish sovereignty to
American sovereignty over the Philippines?

HELD:
It is a general principle of the public law that the previous political relations of the ceded region
are totally abrogated. All laws, ordinances, and regulations in conflict with the political
character, institutions, and constitution of the new government are at once displaced. Article
256 was enacted to protect Spanish officials which were representatives of the King. Such
intent is contradictory to the ideology of the new government where “In the eye of our
(American) Constitution and laws, every man is a sovereign, a ruler and a freeman, and has
equal rights with every other man”. As such, Article 256 is deemed abrogated and the case is
consequently dismissed and judgment reversed.

Citation preview
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 that documents
which consists of records of testimony given by witnesses in the investigation of oil companies
had disappeared from his office.The day after he had informed the Senate body of the loss of
documents in the session called by the Governor-General, an article against the Senate, which
was edited by the herein defendant, Mr. Gregorio Perfecto, was published in the newspaper La
Nacion.Mr. Perfecto was accused to have violated the Article 256 of the Spanish Penal Code
(SPC) which punishes “any person who, by *** writing, shall defame, abuse, or 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 despite the
change of sovereignty from Spanish to United State.

RULING:

No, the Article 256 of the SPC is not in effect and cannot be applied in this case. First, the
article was enacted to protect the Spanish officials who were representatives of the King.
However, there are no longer Kings nor representatives of the Kings to protect at present and
“Minister of the Crown” does not exist in the current government. Second, the Philippine Libel
Law (Act No. 227) had repealed so much in the provision that relates to written defamation,
abuse and insult in the SPC and based on the facts, the defendant violated neither of the two
laws. Lastly, the change from Spanish to American sovereignty of the Philippines. As stated as
a general principle of public law, the laws that regulates the relations of the inhabitants of the
acquired territory to the previous sovereign are abrogated. Therefore, the judgment was
reversed, and the defendant-appellant was acquitted.

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