People v. Perfecto, G.R. No.

L-18463, October 4, 1922

HELD: No.

FACTS: The issue started when the Secretary of the Philippine Senate, Fernando
Guerrero, discovered that the documents regarding the testimony of the witnesses in
an investigation of oil companies had disappeared from his office. Then, the day
following the convening of Senate, the newspaper La Nacion edited by herein
respondent Gregorio Perfecto published an article against the Philippine Senate.
Here, Mr. Perfecto was alleged to have violated Article 256 of the Spanish Penal
Code provision that punishes those who insults the Ministers of the Crown. Hence,
the issue.

REASONING: The Court stated that during the Spanish Government, Article 256 of
the SPC was enacted to protect Spanish officials as representatives of the King.
However, the Court explains that in the present case, we no longer have Kings nor its
representatives for the provision to protect. Also, with the change of sovereignty over
the Philippines from Spanish to American, it means that the invoked provision of the
SPC had been automatically abrogated. The Court determined Article 256 of the SPC
to be political in nature for it is about the relation of the State to its inhabitants, thus,
the Court emphasized that it is a general principle of the public law that on acquisition
of territory, the previous political relations of the ceded region are totally abrogated.
Hence, Article 256 of the SPC is considered no longer in force and cannot be applied
to the present case. Therefore, respondent was acquitted.

ISSUE: Whether or not Article 256 of the Spanish Penal Code (SPC) is still in force
and can be applied in the case at bar?