People vs Perfecto

The secretary of the Philippine Senate, Mr Fernando Guerrero, discovered certain documents which
constituted the records of testimony given by witnesses in the investigation of companies, disappeared
from his office. The Philippine Senate, having called into session by the Governor-General, the Secretary
for the Senate informed the body of the loss of documents and the steps taken by him to discover the
guilty party. The following day, the newspaper La Nacion, edited by Gregorio Perfecto, published an
article reading claiming that “every investigation to be made would be a mere comedy and nothing
more”, and that “The execution of the crime was but a natural effect of the environment of the place in
which it was committed.”

The Philippine Senate then adopted a resolution authorizing the committee on elections and privileges
to report as to the action to be taken with reference to the article published by La Nacion, and adopted
another resolution authorizing the Senate President to indorse to the Attorney-General all the paper
referring to the case of La Nacion and Mr Perfecto. As a result, an information was filed in the Municipal
Trial Court by an assistant Fiscal, in which it was alleged that the editorial constituted a violation of
Article 256 of the Penal Code. Perfecto was found Guilty in the Municipal Trial Court and in the Court of
First Instance.

Issue: Is Article 256 of the Spanish penal Code still in force?

Ruling: No, Article 256 is not applicable due to the change in sovereignty.

- Article 256 of the Spanish Penal Code punishes crimes by 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 duties, or by treason 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.” However, there are no more representatives or kings to protect
as the “minister of the crown” due to the fact that no such thing exists in the current
government.
- The Philippine Libel Law had abrogated a certain portion of the Spanish Penal Code. Specifically
malicious writing expressed in writing, abuse and insult through Printing, Signs or Pictures, or
exposure to Public Hatred, Contempt or Ridicule. Basing on the facts of the case, while the
editorial may have had the possibility of committing Libel, there was neither malicious writing,
abuse nor insult, nor exposure to public hatred, contempt, or ridicule, but in the United States,
“while it may be proper to prosecute criminally the author of libel charging with criticisms, no
matter how severe, on a legislature, are within the range of liberty of the press, unless the
intention and effect be seditious.” Since the editorial was within the range of liberty of the
press, there was no violation that was committed.
- it is a general principle of Public International Law that upon acquisition of territory, previous
political relations of the ceded region are totally abrogated. As stated in the case of Pollard vs
Hagan, “every nation acquiring territory, by treaty or otherwise, must hold it subject to the
constitution and laws of its own government, and not according to those of the government
ceding it.” Upon the American Occupation of the Philippines, all laws and political relations
imposed by the ceded government are thus subrogated and replaced by the American
Government’s laws.
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- ALL MEMBERS OF THE COURT ARE OF OPINION.. JUDGMENT IS HEREBY REVERSED AND
PERFECTO IS ACQUITTED, WITH COST DE OFFICIO.