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  • 3 - People v. Que Po Lay

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    STEPHEN NIKOLAI CRISANG
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    This case involved an appeal of a conviction for violating Central Bank Circular No. 20 which required the sale of foreign currency to the Central Bank within one day of receipt. The appellant claimed the circular was not published in the Official Gazette prior to the incident so it had no force and effect. The Supreme Court ruled that while the circular was not a statute, as an implementation of law it had the force and effect of law. Furthermore, any circular or regulation prescribing a penalty must be published before it becomes effective. Therefore, as Circular No. 20 was not published until after the appellant's conviction, the conviction was reversed and the appellant was acquitted.

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    This case involved an appeal of a conviction for violating Central Bank Circular No. 20 which required the sale of foreign currency to the Central Bank within one day of receipt. The appellant claimed the circular was not published in the Official Gazette prior to the incident so it had no force and effect. The Supreme Court ruled that while the circular was not a statute, as an implementation of law it had the force and effect of law. Furthermore, any circular or regulation prescribing a penalty must be published before it becomes effective. Therefore, as Circular No. 20 was not published until after the appellant's conviction, the conviction was reversed and the appellant was acquitted.

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    6 views1 page

    3 - People v. Que Po Lay

    Uploaded by

    STEPHEN NIKOLAI CRISANG
    This case involved an appeal of a conviction for violating Central Bank Circular No. 20 which required the sale of foreign currency to the Central Bank within one day of receipt. The appellant claimed the circular was not published in the Official Gazette prior to the incident so it had no force and effect. The Supreme Court ruled that while the circular was not a statute, as an implementation of law it had the force and effect of law. Furthermore, any circular or regulation prescribing a penalty must be published before it becomes effective. Therefore, as Circular No. 20 was not published until after the appellant's conviction, the conviction was reversed and the appellant was acquitted.

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    of 1

    PERSONS Doctrine: Effectivity of Laws (NCC 2)

    Title GR No. L6791


    PEOPLE v. QUE PO LAY Date: March 29, 1954
    Ponente: MONTEMAYOR, J.
    THE PEOPLE OF THE PHILIPPINES, plaintiff - appellee, QUE PO LAY, defendant - appellant.
    Nature of the case: Appeal from the decision of the Court of First Instance of Manila, finding appellant guilty of violating Central
    Bank Circular No. 20 in connection with section 34 of Republic Act No. 265, and sentencing him to suffer six months imprisonment, to
    pay a fine of P1,000 with subsidiary imprisonment in case of insolvency, and to pay the costs

    FACTS
    Appellant was in possession of US Dollars, checks and money orders amounting to about $ 7,000 and failed to sell
    the same to the Central Bank (CB) within 1 day following the receipt of such (following CBC#20)

    Appellant claims the CBC#20 was not published in the OG prior to the incident, hence said circular has no force and
    effect.
     Contented that Commonwealth Act No. 638 and Act 2930 both requires said circular to be published, it being
    an order of general applicability
    SolGEn  both laws do not include circulars
    ISSUE/S
    WON the Central Bank Circulars are in the publication requirement?
     YES, with qualifications.
    RATIO
    SolGen was correct that the laws in question do not require the publication of circulars (only laws, resolutions,
    decisions of SC and CA, etc). HOWEVER, SEC 11 RAC and NCC 2 equally provide that laws shall take effect after 15
    days following the completion of the publication in the OG.

    It is true that CBC#20 is NOT A STATURE or LAW, but being issued for the implementation of the law authorizing its
    issuance, IT HAS THE FORCE AND EFFECT OF LAW (accdg to settled jurisprudence)

    Moreover, circulars and regulations which prescribe a penalty should be published before becoming effective.

    WHEREFORE the decision of the CFI Manila is hereby reversed and the appellant be acquitted, with costs de oficio.
    Notes
    CBC#20 – issued  1949
    – published  November 1951 (3mos after conviction)

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