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People vs PerfectoG.R. No.


In the case of People vs. Perfecto ([1922], 43 Phil., 887) the accused was charged with having
published an article reflecting on the Philippine Senate and its members in violation of Article
256 of the Penal Code. In this Court, Mr. Perfecto was acquitted by unanimous vote, with three
members of the court holding that Article 256 was abrogated completely by the change
from Spanish to American sovereignty over the Philippines and with six members holding
that the Libel Law had the effect of repealing so much of Article256 as relates to written
defamation, abuse, or insult, and that under the information and the facts, the
defendant was neither guilty of a violation of Article 256 of the Penal Code nor of the Libel
Law. In thecourse of the main opinion in the Perfecto case is found this significant
sentence: Act No. 292 of thePhilippine Commission, the Treason and Sedition Law, may
also have affected Article 256, but as to this point, it is not necessary to make a pronouncement.

ISSUES:Whether or not Mr. Perfecto violated Article 256 of the Penal Code.On the subject of
whether or not Article 256 of the Penal Code, under which the information was presented,is in

The view of the Chief Justice is that the accused should be acquitted for the reason
that the facts alleged in theinformation do not constitute a violation of article 256
of the Penal Code. Three members of the court believe thatarticle 256 was abrogated
completely by the change from Spanish to American sovereignty over the Philippines and
isinconsistent with democratic principles of government.

Requisites for valid classification: In order that there can be valid classification so that a
discriminatory governmental act may pass the constitutional norm of equal protection, it
is necessary that the four (4)requisites of valid classification be complied with,
namely:(1) It must be based upon substantial distinctions;(2) It must be germane to
the purposes of the law;(3) It must not be limited to existing conditions only;and(4) It
must apply equally to all members of the class.----------Requisites for Valid Search Warrant and Warrant of Arrest (Sec. 2. Art. III) 1. It must be
issued upon probable cause; 2. The probable cause must be determined personally by
the judge himself; 3. The determination of the existence of probable cause must be
made after examination by the judge of the complainant and the witnesses he may
produce; and4. The warrant must particularly describe the place to be searched, and
the persons or things to be seized.