Subject: Constitutional Law 1

Topic: Sovereignty
Title: People v. Perfecto
Citation: 43 Phil. 887

Facts:

In this case, the accused was charged with having published an article in the newspaper
La Nacion 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 Article 256 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 the course of the main opinion in the Perfecto case, it found this significant
sentence: “Act No. 292 of the Philippine 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.”

Issue/s:

Whether or not the Article 256 of the Spanish Penal Code 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Second, the Philippine Libel Law (Act No. 227) had repealed so much in the provision that relates to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.