ARTICLE I, SECTION I - SOVEREIGNTY

PEOPLE OF THE PHILIPPINE ISLAND v. GREGORIO PERFECTO

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

POINT OF THE CASE:

In change of sovereignty, previous political relations are totally abrogated and will no longer be in
force.

FACTS OF THE CASE:

On September 7, 1920, Gregorio Perfecto published an editorial for the newspaper La Nacion,
about the loss of documents in the Senate. The said documents were records of witness testimonies
regarding the investigation of Oil Companies. The Philippine Senate deemed the editorial of Mr. Perfecto
to be libellous and in direct violation of Article 256 of the Spanish Penal Code, which states, "Any person
who, by word, deed, or writing, shall defame, abuse, or insult any Minister of the Crown or other
person in authority, while engaged in the performance of official duties, or by reason of such
performance, provided that the offensive minister or person, or the offensive writing be not
addressed to him, shall suffer the penalty of arresto mayor,". Defendant argued whether Article 256
is still in force with the new American occupation

ISSUE:

Whether or not Gregorio Perfecto violated Article 256 of the Spanish Penal Code and if the said
Article is still in force and can be applied in the case at bar?

RULING:

No. It is a general principle that whenever there is acquisition of new territory, the previous
political relations are totally abrogated, although some laws from the Spanish Penal Code are still used in
force, it was only done so because of convenience. However, with the new American occupation all laws
that are inconsistent with the democratic nature of the new government are displaced without the need for
any declaration.

Article 256 is a law that is monarchical in nature, aiming to protect ministers of the crown and
persons of authority as representatives of the king of Spain, upholding said officials as higher from the
general population and protecting them from contemptuous or dissatisfied statement from the public. It is
completely against the nature and the spirit of the American System of Government which states that
every man is a sovereign, a ruler and a freeman, and has equal right with every other man.