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    People vs. Perfecto

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    Ren A Eleponio
    1) This case relates to an editorial published in a newspaper that was critical of certain Senators and alleged to violate Article 256 of the Spanish Penal Code, which punished insults against public officials. 2) Article 256 was enacted under Spanish rule to protect Spanish officials but is incompatible with American principles of government, which do not punish contempt of non-judicial officials. 3) The court unanimously found that Article 256 was abrogated upon American occupation and that the defendant Gregorio Perfecto should be acquitted of the libel charge.

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    People vs. Perfecto

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    Ren A Eleponio
    121 views2 pages
    1) This case relates to an editorial published in a newspaper that was critical of certain Senators and alleged to violate Article 256 of the Spanish Penal Code, which punished insults against public officials. 2) Article 256 was enacted under Spanish rule to protect Spanish officials but is incompatible with American principles of government, which do not punish contempt of non-judicial officials. 3) The court unanimously found that Article 256 was abrogated upon American occupation and that the defendant Gregorio Perfecto should be acquitted of the libel charge.

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    1) This case relates to an editorial published in a newspaper that was critical of certain Senators and alleged to violate Article 256 of the Spanish Penal Code, which punished insults against public officials. 2) Article 256 was enacted under Spanish rule to protect Spanish officials but is incompatible with American principles of government, which do not punish contempt of non-judicial officials. 3) The court unanimously found that Article 256 was abrogated upon American occupation and that the defendant Gregorio Perfecto should be acquitted of the libel charge.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    121 views2 pages

    People vs. Perfecto

    Uploaded by

    Ren A Eleponio
    1) This case relates to an editorial published in a newspaper that was critical of certain Senators and alleged to violate Article 256 of the Spanish Penal Code, which punished insults against public officials. 2) Article 256 was enacted under Spanish rule to protect Spanish officials but is incompatible with American principles of government, which do not punish contempt of non-judicial officials. 3) The court unanimously found that Article 256 was abrogated upon American occupation and that the defendant Gregorio Perfecto should be acquitted of the libel charge.

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    of 2

    People vs.

    Perfecto
    G.R. No. L-18463, October 4, 1922

    "The important question is here squarely presented of whether article 256 of the Spanish
    Penal Code, punishing "Any person who, by . . . writing, shall defame, abuse, or insult
    any Minister of the Crown or other person in authority . . .," is still in force."

    public law: It is a general principle of the public law that on acquisition of territory the
    previous political relations of the ceded region are totally abrogated -- "political" being
    used to denominate the laws regulating the relations sustained by the inhabitants to the
    sovereign.

    FACTS:
    This is a case relating to the loss of some documents which constituted the records of testimony
    given by witnesses in the Senate investigation of oil companies. The newspaper La Nacion,
    edited by Mr. Gregorio Perfecto, published an article about it to the effect that "the author or
    authors of the robbery of the records from the iron safe of the Senate have, perhaps, but followed
    the example of certain Senators who secured their election through fraud and robbery."
    Consequently, the Attorney-General, through a resolution adopted by the Philippine Senate, filed
    an information alleging that the editorial constituted a violation of article 256 of the Penal Code.
    The defendant Gregorio Perfecto was found guilty in the municipal court and again in the Court
    of First Instance of Manila.
    ISSUEs:

    Whether or not article 256 of the Spanish Penal Code was abrogated with the change
    from Spanish to American sovereignty

    Whether or not Perfecto is guilty of libel

    HELD:
    It is a general principle of the public law that on acquisition of territory the previous political
    relations of the ceded region are totally abrogated -- "political" being used to denominate the
    laws regulating the relations sustained by the inhabitants to the sovereign.

    On American occupation of the Philippines, by instructions of the President to the Military


    Commander, and by proclamation of the latter, the municipal laws of the conquered territory
    affecting private rights of person and property and providing for the punishment of crime (e.g.
    the Spanish Penal Code) were nominally continued in force in so far as they were compatible
    with the new order of things.
    Article 256 was enacted by the Government of Spain to protect Spanish officials who were the
    representatives of the King. But with the change of sovereignty, a new government, and a new
    theory of government, was set up in the Philippines. No longer is there a Minister of the Crown
    or a person in authority of such exalted position that the citizen must speak of him only with
    bated breath. Said article is contrary to the genius and fundamental principles of the American
    character and system of
    government. It was crowded out by implication as soon as the United States established its
    authority in the Philippine Islands.
    "From an entirely different point of view, it must be noted that this article punishes contempts
    against executive officials, although its terms are broad enough to cover the entire official class.
    Punishment for contempt of non-judicial officers has no place in a government based upon
    American principles. Our official class is not, as in monarchies, an agent of some authority
    greater than the people but it is an agent and servant of the people themselves. These officials are
    only entitled to respect and obedience when they are acting within the scope of their authority
    and jurisdiction. The American system of government is calculated to enforce respect and
    obedience where such respect and obedience is due, but never does it place around the individual
    who happens to occupy an official position by mandate of the people any official halo, which
    calls for drastic punishment for contemptuous remarks."
    DECISION:
    To summarize, the result is, that all the members of the court are of the opinion, although for
    different reasons, that the judgment should be reversed and the defendant and appellant
    acquitted, with costs de officio. So ordered.

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