People v.

Perfecto
G.R. No. L-18463
October 4, 1922
Facts:
The secretary of the Philippine Senate Fernando M. Guerrero discovered that certain documents including
the records of testimony given by witnesses in the investigation of oil companies disappeared. The
following day, the newspaper La Nacion, edited by Gregorio Perfecto published an article pertaining to
the disappearance of the abovementioned documents, and implying that the perpetrators of the robbery
were the senators themselves, because they allegedly secured their election through fraud and robbery, as
well.
In a session, the Senate adopted a resolution regarding the said article, authorizing the Senate President to
indorse the matter to the Attorney-General for his study and corresponding action. Thereafter, an
information was filed in the MTC against Perfecto, alleging that he violated Article 256 of the Penal
Code.
Perfecto was found guilty. The judge said that even though the antiquated provision was for the protection
of the Ministers of the Crown, who are no longer present in the Philippines at the time of this case, the
Supreme Court of the Philippines has previously held in the Helbig case that article 256 is still part of the
law of the land. Thus, by rule of stare decisis, the said case is binding upon the court, until it is repealed or
superseded by other legislation, or until the SC will otherwise determine.
Issue:
WON Article 256 of the Spanish Penal Code, punishing any person who, by writing, shall defame, abuse
or insult any Minister of the Crown or other person in authority is still in force.
Ruling:
No. SC reversed TC.
1. Helbig not applicable. The facts of the Helbig case and this case are different. In Helbig, there
was oral defamation while, here there is a written defamation. Notably, in Helbig, the SC set aside
the TCs judgment and returned the record to it, not because of the SC ruled that art. 256 is still in
force, but because the SC was of the opinion that the TC committed a prejudicial error in
depriving the accused of his right to cross-examine a principal witness. Therefore, the SC
preferred that to resolve the issue in this present case, they should be unhindered by references to
Helbig.
2. Effect of the Philippines Libel Law (Act No. 227) on art. 256, Spanish Penal Code. In the
cases of Pardo de Tavera v. Valdez (1902) and People c. Castro (1922), the SC said that Libel
Law reformed, or even abrogated the preexisting Spanish law on calumny and insults. The Libel
Law must have had the same result on other provisions of the Penal Code, as for instance article
256.
The Libel Law is a complete and comprehensive law on the subject of libel. The wellknown rule of statutory construction is, that where the later statute clearly covers the old subjectmatter of antecedent acts, and it plainly appears to have been the purpose of the legislature to give
expression in it to the whole law on the subject, previous laws are held to be repealed by
necessary implication.

3. Effect of the change from Spanish to American sovereignty over the Philippines on article
256 of the Spanish Penal Code. No doubt all the provision of the Spanish Penal Code having to
do with the ministers of the crown, are no longer in force. However, in determining whether art.
256 is still in force or not, it must be determined whether it is in the nature of a municipal law or
political law, and is consistent with the Constitution and laws of the United States, and the
characteristics of the American government.
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. "Political" is here refers to the laws regulating
the relations sustained by the inhabitants to the sovereign. The President of the US and Congress
framed the Philippines government on the model with which Americans are familiar, and which
has proven best adapted for the advancement of the public interests and the protection of
individual rights and privileges.
Article 256 was enacted by Spain to protect Spanish officials representing the King. With the
change of sovereignty, a new government and a new theory of governance was set up in the
Philippines. This new government was not a continuation of the old one, but of course, for the
sake of convenience, certain existing laws were continued. Obviously, there is no longer any
Minister of the Crown or a person in authority of such exalted position that the citizens must
speak of him only with bated breath. In the US, they say, "In this country no distinction as to
persons is recognized, and in practice a person holding a high office is regarded as a target at
whom any person may let fly his poisonous words. High official position, instead of affording
immunity from slanderous and libelous charges, seems rather to be regarded as making his
character free to plunder for anyone who desires to create a sensation by attacking it.
Therefore, Article 256 of the Penal Code is contrary to the genius and fundamental
principles of the American character and system of government. Note that the spirit of the
article is attached to a monarchial government, and the US is a democratic republic. This article
was crowded out by implication as soon as the United States established its authority in the
Philippine Islands. Penalties out of all proportion to the gravity of the offense, grounded in a
distorted monarchical conception of the nature of political authority, as opposed to the American
conception of the protection of the interests of the public, have been obliterated by the present
system of government in the Islands. The crime of lese majeste disappeared in the Philippines
with the ratification of the Treaty of Paris. Ministers of the Crown have no place under the
American flag.

Co Kim Cham v. Valdez Tan Keh

G.R. No. L-5
September 17, 1945
Facts:
A judge refused to take cognizance of and continue the proceedings in a civil case initiated under the
regime of the so-called Republic of the Philippines established during the Japanese military occupation.
His ground was that General Douglas MacArthur had the effect of invalidating and nullifying all judicial
proceedings and judgments of the court of the Philippines under the Philippine Executive Commission
and the Republic of the Philippines established during the Japanese military occupation, and that,
furthermore, the lower courts have no jurisdiction to take cognizance of and continue judicial proceedings
pending in the courts of the defunct Republic of the Philippines in the absence of an enabling law
granting such authority. Said judge also contends that the government established in the Philippines
during the Japanese occupation were no de facto governments.
The Imperial Japanese Forces occupied Manila on January 2, 1942 and established a Military
Administration, and declared that all the laws in force in the Commonwealth of the Philippines, as well as
executive and judicial institutions shall continue to be effective for the time being, and all public officials
remain in their present posts to carry on their duties. A civil government or central administration
(Philippine Executive Commission) was organized.
Issue:
Held: