1. People v. Que Po Lay, G.R. No.

L-6791, March 29, 1954

FACTS:
Que Po Lay faced charges for violating Central Bank Circular No. 20, in connection with
section 34 of Republic Act No. 265, due to his failure to sell foreign exchange in his
possession to the Central Bank, consisting of U.S. Dollars, U.S. Checks, and U.S. money.
Que Po Lay argued that Circular No. 20 lacked force and effect because it was not published
in the Official Gazette before his act or omission.

Solicitor General Ruling:

The Solicitor General argued that Commonwealth Act No. 638 and 2930 do not mandate the
publication of the circular in the Official Gazette for it to be in force and effect.

RULING:
NO. Que Po Lay cannot be held liable.
The Supreme Court agreed with the Solicitor General, stating that the laws in question do
not necessitate the publication of the circulars, regulations, and notices to make them
binding and effective. While Circular No. 20 is not a statute or law, it holds the force and
effect of law as it implements the law authorizing its issuance, according to established
jurisprudence. Circular No. 20 was issued in 1949 but was not published until November
1951, about three months after Que Po Lay's conviction for violating it. Therefore, the
circular, especially its penal provision, had no legal effect and did not bind anyone until its
publication in the Official Gazette or after November 1951. Since Circular No. 20 was not
published as required by law before Que Po Lay's violation, legally, there was no such
circular to violate.

DISPOSITION:
Accordingly, the decision appealed from is reversed, and Que Po Lay is acquitted, with costs
de oficio.