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    People v. Perfecto, G.R. No. L-18463, October 4, 1922: Facts

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    Gregorio Perfecto published an article criticizing missing documents from the Philippine Senate investigation into oil companies. He was charged with violating Article 256 of the Penal Code. The Supreme Court found that with the change from Spanish to American rule, the previous political relations were totally abrogated. While some Spanish laws remained for convenience, laws inconsistent with democracy like Article 256 protecting Spanish officials were displaced without declaration. The new American government established a new theory of governance that was not a continuation of old Spanish laws.

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    People v. Perfecto, G.R. No. L-18463, October 4, 1922: Facts

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    Anonymous 5dZOLd0Uk
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    Gregorio Perfecto published an article criticizing missing documents from the Philippine Senate investigation into oil companies. He was charged with violating Article 256 of the Penal Code. The Supreme Court found that with the change from Spanish to American rule, the previous political relations were totally abrogated. While some Spanish laws remained for convenience, laws inconsistent with democracy like Article 256 protecting Spanish officials were displaced without declaration. The new American government established a new theory of governance that was not a continuation of old Spanish laws.

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    Case digest

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    People v

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    Gregorio Perfecto published an article criticizing missing documents from the Philippine Senate investigation into oil companies. He was charged with violating Article 256 of the Penal Code. The Supreme Court found that with the change from Spanish to American rule, the previous political relations were totally abrogated. While some Spanish laws remained for convenience, laws inconsistent with democracy like Article 256 protecting Spanish officials were displaced without declaration. The new American government established a new theory of governance that was not a continuation of old Spanish laws.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    27 views1 page

    People v. Perfecto, G.R. No. L-18463, October 4, 1922: Facts

    Uploaded by

    Anonymous 5dZOLd0Uk
    Gregorio Perfecto published an article criticizing missing documents from the Philippine Senate investigation into oil companies. He was charged with violating Article 256 of the Penal Code. The Supreme Court found that with the change from Spanish to American rule, the previous political relations were totally abrogated. While some Spanish laws remained for convenience, laws inconsistent with democracy like Article 256 protecting Spanish officials were displaced without declaration. The new American government established a new theory of governance that was not a continuation of old Spanish laws.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    People v. Perfecto, G.R. No.

    L-18463, October 4, 1922

    Facts:

    On September 7, 1920, Mr. Gregorio Perfecto published an article in the newspaper La Nacionregarding
    the disappearance of certain documents in the Office of Fernando M. Guerrero, the Secretary of the
    Philippine Senate. The article of Mr. Perfecto suggested that the difficulty in finding the perpetrators was
    due to an official concealment by the Senate since the missing documents constituted the records of
    testimony given by witnesses in the investigation of oil companies. This resulted to a case being filed
    against Mr. Perfecto for violation of Article 256 of the Penal Code. He was found guilty by the Municipal
    Trial Court and again in the Court of First Instance of Manila. Mr. Perfecto filed an appeal in the Supreme
    Court to dismiss the case on the ground that Article 256 was not in force anymore.

    Issue: W/N a law be abrogated by the change of Spanish to American Sovereignty over the Philippines.

    Held:

    Yes, its 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 of the Spanish Penal Code was enacted by the Government of Spain to protect Spanish
    officials who were representative of the King. With the change of sovereignty, a new government, and a
    new theory of government, was set up in the Philippines. It was no sense a continuation of the old laws.
    No longer is there a Minister of the Crown or a person in authority of such exalted position that the citizen
    must speak of him only in bated breath.

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