People of the
Philippines, plaintiff-appellee VS
Gregorio Perfecto,
defendant-appellant
Facts:
On August 20 1920, the Secretary
of the Philippine Senate Fernando M. Guerrero discovered that certain documents
which constituted the records of testimony given by witnesses in the
investigation of oil companies had disappeared from the office. On Sept. 20,
1920, the newspaper LA Nacion, edited by Mr. Gregorio Perfecto published an
article about it to the effect that, “the author or author’s 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 re-election through fraud and
robbery.”
On Sept 25, 1920, the Senate
adopted a resolution authorizing the President of Senate to indorse to the
Attorney-General, for his study and corresponding action to the case of the
Newspaper LA Nacion and its editor Gregorio Perfecto. The editorial in question
alleged that it constituted a violation of Art. 256 of the Spanish Penal Code.
The defendant Gregorio Perfecto was found guilty in the Municipal Courts and
again in the Court of First Instance.
Issue:
Whether or not defendant guilty
for violation of Art. 256 of Spanish Penal Code.
Ruling:
The Supreme Court acquitted Gregorio
Perfecto holding that Art 256 of the SPC had been abrogated being political in
nature, upon advent of American sovereignty.
In public law, it is a principle
that upon acquisition of territory, the previous political relations of the
ceded region is totally abrogated. “Political” being used to denominate the
laws regulating the relations sustained by the inhabitants.
Art 256 was enacted by the
government of Spain to protect Spanish Officials who were representative of the
King. However, 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 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 implications as soon as the United States
established its authority.