The People of the Philippines vs.

Gregorio Perfecto
GR NO. L-18463 dated October 4, 1922
Alfonso E. Mendoza- in behalf of Perfecto
Atty. General Villa-Real of the people of the Phils.

Facts:
- On August 20, 1920, Secretary of the Philippines Senate, Fernando M. Guerrero, discovered that
certain documents which constituted the records of the testimony in the investigation of the oil
companies, had disappeared in his office
- September 7, 1920, newspaper La Nacion, edited by Mr. Gregorio Perfecto published an article
with the following contentions ( which resulted to the filing of case for defamation or the act of
saying false things in order to make people have a bad opinion of someone or something):
o Scandalous robbery of records, in that case, every investigation to be made would be but
a mere comedy and nothing more
o The robbery of records do not surprise at all
o How many of the present Senators can say without remorse in their conscience and with
serenity of mind, that they do not owe their victory to the electoral robbery? How
many?
o The authors of the robbery of the records from the said iron safe of the senate have,
perhaps, but followed the example of the certain Senators who secured their election
through fraud and robbery
- On September 9, 1920, senate adopted a resolution authorizing its committee on elections and
privileges to report as to the action in reference to the content of the above article
- September 15, 1920, an information was filed in the municipality court of the city of Manila,
alleged that article constituted a violation of Article 256 of the Spanish Penal Code:
o “Art. 256: “Any person who, by….writing, shall defame, abuse, or insult any minister of
the crown or other person in authority”
- Defendant Gregorio Perfecto was found guilty in the Municipal Court and once again in the Court
of First Instance (CFI) of Manila
o Reason for this: Stare decisis (Adherence to precedence) in the case of US vs. Helbig
wherein the US Supreme Court decided that Art.256 holds true even/ notwithstanding
the change of sovereignty, in our Supreme Court, in a majority decision, , Has held that
the provision is still in force, and that one who made an insulting remarks made about
the president of the US was punishable under it.
Issue:
- Whether/Not Art. 256 of the Spanish Penal Code (SPC) still in force and can be applied in the
case at bar.
Held:
- No, it is a general principle of the public law (political law) that on acquisition of territory, the
previous political relations of the ceded region are totally abrogated
- The decision of the Municipal Trial Court and CFI of Manila should be reversed and the
defendant and appellant acquitted, with cost de officio... So ordered.