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PEOPLE OF THE PHILIPINES vs. GREGORIO PERFECTO

EN BANC,G.R. No. L-18463 October 4, 1922Plaintiff-Appellee : People of the Philippine IslandsDefendant-Appellant: Gregorio PerfectoPonente: Malcolm, J.

Facts:

On August 20, 1920, the Secretary of the Philippine Senate, Fernando M. Guerrerodiscovered that records that pertain to testimonies given by witnesses in an investigationof oil companies had disappeared in his office.

Then on September 7, 1920, the newspaper La Nacion edited by Mr. Gregorio Perfecto published an article that indirectly refers to the perpetrators of the crime as beingmembers of the senate body. Mr. Perfecto wrote : The author or authors of the robbery of the records from the said iron safe of the Senate have, perhaps, but followed the exampleof certain Senators who secured their election through fraud and robbery.

On September 15,1920, the Senate adopted a resolution authorizing the Senate Presidentto endorse to the Attorney-General for his study and corresponding action all the papersreferring to the case of La Nacion and its editor Mr.Gregorio Perfecto.

A case was filed in the Municipal Court and Court of First Instance of the City of Manilawhere Mr. Gregorio Perfecto was found guilty of violating of Spanish Penal Code 256.

Issues:

Whether or not the Spanish Penal Code 256 is still in force. Whether or not Spanish Penal Code 256 is abrogated or superseded by the Philippine

Libel Law enacted by the Philippine Commission.

Decision:

The initial judgment was reversed and the defendant acquitted, as there was insufficientresponsibility nor facts present in the part of the defendant to be found guilty or inviolation neither of Article 256 nor of the Libel Law.

Ratio Decidendi:

Spanish Penal Code 256 is no longer in force, as it refers only to ministers or other persons under or related to the Spanish Crown.

Furthermore during the change of sovereignty, Article 256 of the Spanish Penal Codewas automatically abrogated by the Libel Law enacted by the Philippine Commission.

The Libel Law is a complete and comprehensive law on the subject of libel. The well-known rule of statutory construction is, that where the later statute clearly covers the oldsubject-matter of antecedent acts, and it plainly appears to have been the purpose of the

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legislature to give expression in it to the whole law on the subject, previous laws are heldto be repealed by necessary implication. (1 Lewis' Sutherland Statutory Construction, p.465.)

Article 256 of the Penal Code is contrary to the genius and fundamental principles of theAmerican character and system of government. The gulf which separates this article fromthe spirit which inspires all penal legislation of American origin, is as wide as that whichseparates a monarchy from a democratic Republic like that of the United States