G.R. No. L-8957 April 29, 1957 - PEOPLE OF THE PHIL. v. ANDRES O.

FERRERbr br 101 Phil 234 APRIL 1957 - PHILIPPINE SUPREM

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Philippine Supreme Court Jurisprudence > Year 1957 > April 1957 Decisions > G.R. No. L-8957 April 29, 1957 PEOPLE OF THE PHIL. v. ANDRES O. FERRER
101 Phil 234:

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EN BANC
[G.R. No. L-8957. April 29, 1957.]
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellant, v. ANDRES O. FERRER, DefendantAppellee.
Jacinto Calanta for Appellee.
Solicitor General Ambrosio Padilla and Solicitor Pacifico P. de Castro for Appellant.

SYLLABUS

1. CRIMINAL PROCEDURE; INFORMATION; CHARGING TWO OR MORE OFFENSES, MAKES INFORMATION

DEFECTIVE. The information is defective when it charges two or more offenses. The rule enjoining the
charging of two or more offenses in an information has for its aim to give the defendant the necessary
knowledge of the charge to enable him to prepare his defense. The State should not heap upon the
defendant two or more charges which might confuse him in his defense.

DebtKollect Company, Inc.

2. REVISED ELECTION LAW; DISTRIBUTION OF THINGS OF VALUE DISTINGUISHED FROM

ELECTIONEERING; WHO MAY COMMIT THE VIOLATIONS. Causing cigarettes which are things of value
to be distributed, made unlawful by section 51 and punished by section 183 of the Revised Election Code,
cannot be deemed a necessary means to commit the lesser violation of section 64 of the same law were
the penalty attached to it taken into consideration. The rule in the case of People v. Buenviaje, 47 Phil.
536, has no application to the case, because there the defendant, who was not a duly licensed physician,
gave medical assistance and treatment to a certain person and advertised himself and offered services as
a physician by means of cards and letterheads and advertisements in the newspapers, the latter being a
means to commit the former, and both violations are punishable with the same penalty, whereas in the
present case causing cigarettes or things of value to be distributed by the defendant to the people who
attended a political meeting is a violation distinct from that of electioneering committed by a classified
civil service officer or employee. The former has no connection with the latter. A violation of Section 51
may be committed by any candidate, political committee, voter or any other person, whereas a violation
of Section 54 may only be committed by a justice, judge, fiscal, treasurer or assessor of any province,
officer or employee of the Army, member of the national, provincial, city, municipal or rural police force,
and classified civil service officer or employee.

DECISION

ChanRobles Intellectual Property

Division

PADILLA, J.:

This is an appeal from an order of the Court of First Instance of Pangasinan, the dispositive part of which
states:
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Five (5) days after receipt of a copy of this Order by the prosecution, the information in this case shall be
deemed quashed and the bond for the provisional release of the accused deemed cancelled and released,
unless in the meantime the prosecution amends the information so as to allege sufficient facts constituting
an offense under section 51 of our Revised Election Code.
The information held defective by the trial court reads as follows:

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The undersigned Provincial Fiscal of Pangasinan and the Provincial Fiscals of Nueva Ecija and Batanes, on
special detail in Pangasinan by Administrative Orders Nos. 6 and 13, dated January 12 and 27, 1954,
respectively, of the Secretary of Justice, accuse Andres G. Ferrer of the offense of violation of Sections 51
and 54 in relation to Sections 183, 184 and 185 of the Revised Election Code, committed as follows:
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That on or about the 10th day of November, 1953, (Election Day), and for sometime prior thereto, in the
municipality of Binmaley, province of Pangasinan, Philippines, and within the jurisdiction of this Honorable
Court, the above-named accused, Andres G. Ferrer, being then and there a Foreign Affairs Officer, Class
III, Department of Foreign Affairs, and a classified civil service officer, duly qualified and appointed as
such, did then and there wilfully, unlawfully, feloniously and knowingly, in utter disregard and defiance of
the specific and several legal prohibitions on the subject, and in disregard of the civil service rules and
regulations, induce, influence, sway and make the electors vote in favor of the candidates of the Liberal
Party in the following manner, to wit: (1) that sometime before the elections on November 10, 1953, the
said accused, Andres G. Ferrer, delivered a speech during a political rally of the Liberal Party in Barrio
Caloocan Norte, Binmaley, Pangasinan, inducing the electors to vote for the candidates of the Liberal Party
but more particularly for President Quirino and Speaker Perez; that during said political meeting the said
accused caused to be distributed to the people who attended said meeting cigarettes and pamphlets
concerning the Liberal Party; and (2) that the said accused, Andres G. Ferrer, sometime prior to the last
elections campaigned in the Barrio of Caloocan Norte, of the said municipality of Binmaley, going from
house to house and induced the electors to whom he distributed sample ballots of the Liberal Party to vote
for the candidates of said Party.
Contrary to sections 51 and 54 in relation to Sections 183, 184 and 185 of Republic Act No. 180, as
amended. (Crim. Case No. 20320.) .
The defendant moved to quash the information on the ground that it charges more than one offense and
that the facts alleged in the information do not constitute a violation of either section 51 or section 54 of
the Revised Election Code.

April-1957 Jurisprudence
G.R. No. L-9543 April 11, 1957 - ASUNCION NABLE
JOSE ET AL. v. RODOLFO BALTAZAR
101 Phil 36
G.R. No. L-9962 April 11, 1957 - BENJAMIN MACASA,
ET AL v. CRISTETO HERRERA
101 Phil 44
G.R. No. L-10483 April 12, 1957 - JUAN B. MENDEZ v.
RODOLFO GANZON, ET AL
101 Phil 48
G.R. No. L-9519 April 15, 1957 - EUTIQUIO TORRE, ET
AL v. HON. JOSE R. QUERUBIN, ET AL
101 Phil 53
G.R. No. L-9892 April 15, 1957 - PEOPLE OF THE
PHIL. v. FRANCISCO BASALO
101 Phil 57
G.R. No. L-10288 April 15, 1957 - DIONISIA PATINGO
v. HON. PANTALEON PELAYO
101 Phil 62
G.R. No. L-9807 April 17, 1957 - PAN PHIL., CORP. v.
WORKMENS COMPENSATION COMMISSION, ET AL
101 Phil 66
G.R. No. L-10017 April 17, 1957 - PEOPLE OF THE
PHIL. v. PO KEE KAM
101 Phil 72
G.R. No. L-8862 April 22, 1957 - IN RE: UY TIAO
HONG v. REPUBLIC OF THE PHIL.
101 Phil 77

The trial court is of the opinion that causing cigarettes or pamphlets concerning the Liberal Party to be
distributed to the people who attended a political meeting, charged against the defendant, does not
constitute a violation of section 51 of the Revised Election Code, because it is not giving "food" for tobacco
is not food; nor does it constitute a violation of that part of section 51 which makes unlawful the
contributing or giving, directly or indirectly, of money or things of value, because the information merely
charges the defendant with having caused cigarettes, etc. to be distributed, and it does not state that the
cigarettes belonged to the defendant and were being given away by him as his contribution for
electioneering purposes. True, cigarettes are not food, but they have and are of value and the charge that
the defendant caused cigarettes and pamphlets concerning the Liberal Party to be distributed to the
people who attended a political meeting mentioned in the information is a sufficient allegation that he
gave or contributed things of value for electioneering purposes. If the cigarettes did not belong to him,
that is a matter of defense. The trial court is also of the opinion that the defendant is not a classified civil
service officer or employee, because to be such it is necessary that he be assigned in the Department of
Foreign Affairs under section 6, Republic Act. No. 708 and if and when thus assigned he will for purposes
of civil service law and regulations, be considered as first grade civil service eligible," and that even if the
prosecution could establish that the defendant at the time of the commission of the violation charged was
assigned in the Department of Foreign Affairs under the section just mentioned, still such assignment
would not make him a classified civil service officer embraced within the provisions of section 54 of the
Revised Election Code, for, according to the trial court, section 670 of the Revised Administrative Code
provides that the classified civil service embraces all persons not expressly declared to be in the
unclassified civil service and section 671 enumerates the persons embraced in the unclassified civil
service, and concludes that the defendant is in the unclassified civil service under section 671, paragraph
b, of the Revised Administrative Code, because the defendant was appointed by the President first as
Foreign Affairs Officer, Class III, Department of Foreign Affairs, and later on as Vice-Consul, the last
appointment having been duly confirmed by the Commission on Appointments, and that the assignment
or detail in the Department of Foreign Affairs would make him by mere legal fiction a first grade civil
service eligible under section 6, Republic Act No. 708.
The reason advanced by the trial court are defense matters. The allegation in the information that the
defendant is "a classified civil service officer, duly qualified and appointed as such," for purposes of the
motion to quash, is deemed admitted. The trial court cannot go beyond the allegations of the information.
Nevertheless, the information is defective, because it charges two violations of the Revised Election Code,
to wit: section 51 to which a heavier penalty is attached, and section 54 for which a lighter penalty is
provided. And the prosecuting attorneys had that in mind when at the end of the information filed by
them they stated: "Contrary to Sections 51 and 54 in relation to Sections 183, 184 and 185 of Republic
Act No. 180, as amended." Causing cigarettes which are things of value to be distributed, made unlawful
by section 51 and punished by section 183, cannot be deemed a necessary means to commit the lesser
violation of section 54 were the penalty attached to it taken into consideration. The rule in the case of
People v. Buenviaje, 47 Phil., 536, cited and invoked by the State, has no application to the case, because
there the defendant, who was not a duly licensed physician, gave medical assistance and treatment to a
certain person and advertised himself and offered services as a physician by means of cards and
letterheads and advertisements in the newspapers, the latter being a means to commit the former, and
both violations are punishable with the same penalty, whereas in the present case causing cigarettes or
things of value to be distributed by the defendant to the people who attended a political meeting is a
violation distinct from that of electioneering committed by a classified civil service officer or employee.
The former has no connection with the latter.
If the penalty provided for violation of sections 51 and 54 were the same as in the case of the violation of
the Medical Law, the rule in the case of People v. Buenviaje, supra, might be invoked and applied.
That a violation of section 51 is distinct from that of section 54 is further shown by the fact that a violation
of the former may be committed by any candidate, political committee, voter or any other person,
whereas a violation of the latter may only be committed by a justice, judge, fiscal, treasurer or assessor
of any province, officer or employee of the Army, member of the national, provincial, city, municipal or

G.R. No. L-9230 April 22, 1957 - ANDRES A. ANGARA

v. DRA. JOSEFINA A. GOROSPE, ET AL
101 Phil 79
G.R. No. L-9415 April 22, 1957 - LIGGETT & MYERS
TOBACCO CO. v. COLLECTOR OF INTERNAL REVENUE
101 Phil 106
G.R. No. L-9601 April 22, 1957 - IN RE: PABLO
CHANG BRIONES LORENZO v. REPUBLIC OF THE PHIL.
101 Phil 111

rural police force, and classified civil service officer or employee.

Under the information in question, if the charges be proved, the defendant may be convicted and
sentenced under either section or both. The rule enjoining the charging of two or more offenses in an
information has for aim to give the defendant the necessary knowledge of the charge to enable him to
prepare his defense. The State should not heap upon the defendant two or more charges which might
confuse him in his defense.
The order appealed from is affirmed, not upon the grounds relied upon by the trial court, but on the
ground that the information charges two different violations, without pronouncement as to costs.
Bengzon, Montemayor, Reyes, A., Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Endencia and
Felix, JJ., concur.

G.R. No. L-9811 April 22, 1957 - GEORGE L. TUBB v.

PEOPLE OF THE PHIL., ET AL
101 Phil 114
G.R. No. L-9840 April 22, 1957 - LU DO & LU YM
CORP. v. I. V. BINAMIRA
101 Phil 120

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G.R. No. L-9908 April 22, 1957 - STANDARD

CIGARETTE WORKERS UNION (PLUM) v. COURT OF
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101 Phil 146

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FINANCE CORP. v. BUEN MORALES
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PHIL. v. SALVADOR LUBO, ET AL
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Main Indices of the Library --->

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G.R. No. L-9602 April 25, 1957 - IN RE: TEOTIMO

RODRIGUEZ TIO TIAM v. REPUBLIC OF THE PHIL.
101 Phil 195
G.R. No. L-10170 April 25, 1957 - WESTERN
MINDANAO LUMBER CO. v. MINDANAO FEDERATION OF
LABOR, ET AL
101 Phil 200
G.R. No. L-9782 April 26, 1957 - HILARION CORTEZ v.
JUAN AVILA
101 Phil 205
G.R. Nos. L-10123 & L-10355 April 26, 1957 GENARO URSAL v. COURT OF TAX APPEALS, ET AL
101 Phil 209
G.R. No. L-4962 April 27, 1957 - PEOPLE OF THE
PHIL. v. VICTOR BAQUERO, ET AL
101 Phil 212
G.R. No. L-9712 April 27, 1957 - IN RE: ONG HO PING
v. REPUBLIC OF THE PHIL.
101 Phil 219
G.R. No. L-9810 April 27, 1957 - ESTANISLAO
LEUTERIO v. COMMISSIONER OF CUSTOMS
101 Phil 223
G.R. No. L-6713 April 29, 1957 - PEOPLE OF THE
PHIL. v. RICARDO DAISIN
101 Phil 228
G.R. No. L-8752 April 29, 1957 - BENITO COSA v.
JUAN BAROTILLO
101 Phil 232
G.R. No. L-8957 April 29, 1957 - PEOPLE OF THE
PHIL. v. ANDRES O. FERRER
101 Phil 234
G.R. Nos. L-9117-18 April 29 1957
COLLECTOR OF
CUENCO, ET AL

INTERNAL

REVENUE

v.

LOURDES

101 Phil 239

G.R. No. L-9156 April 29, 1957 - WISE & COMPANY v.
CITY OF MANILA, ET AL
101 Phil 244
G.R. No. L-9186 April 29, 1957 - COLLECTOR OF
INTERNAL REVENUE v. JUAN ISASI, ET AL
101 Phil 247
G.R.
No.
L-9265
April
29,
1957
LUZON
STEVEDORING CO. v. LUZON MARINE DEPARTMENT
UNION, ET AL
101 Phil 257
G.R. No. L-9674 April 29, 1957 - MELECIO ARRANZ v.
MANILA FIDELITY & SURETY CO.
101 Phil 272
G.R. No. L-9694 April 29, 1957
VILLANUEVA, ET AL v. JUANA ALCOBA

VICENTE

101 Phil 277

G.R. No. L-9727 April 29, 1957 TABUNAN v. TIMOTEO MARIGMEN, ET AL

MARGARITA

101 Phil 288

G.R. No. L-9855 April 29, 1957 - MELCHOR MANIEGO
v. RICARDO L. CASTELO
101 Phil 293

G.R. No. L-9987 April 29, 1957 - GRACIANO INDIAS

v. PHIL., IRON MINES
101 Phil 297
G.R. No. L-10573 April 29, 1957 - PEOPLE OF THE
PHIL. v. HON. MACAPANTON ABBAS, ET AL
101 Phil 301
G.R. No. L-10585 April 29, 1957 - PEOPLE OF THE
PHIL. v. MELCHOR D. INTAL
101 Phil 306
G.R. No. L-10688 April 29, 1957 - WILLIAM H.
BROWN v. BANK OF THE PHIL., ISLANDS, ET AL
101 Phil 309
G.R. AC-UNAV. April 30, 1957 - In Re Charges of
LILIAN F. VILLASANTA for Immorality v. HILARION M.
PERALTA
101 Phil 313
G.R. No. L-7820 April 30, 1957 - MIGUEL CARAM, ET
AL v. HON. COURT OF APPEALS, ET AL
101 Phil 315
Adm. Case
DISBARMENT
JARAMILLO

No. 229 April 30, 1957 - IN

PROCEEDINGS
v.
NARCISO

RE:
N.

101 Phil 323

G.R. No. L-6239 April 30, 1957 - PEOPLE OF THE
PHIL. v. ANTONIO TAN
101 Phil 324
G.R. Nos. L-8895 & L-9191 April 30, 1957 SALVADOR ARANETA v. HON. MAGNO S. GATMAITAN,
ET AL
101 Phil 328
G.R. No. L-8907 April 30, 1957 - JOSE L. LOPEZ v.
BOARD OF DIRECTORS & GEN., MANAGER OF THE
NATL. MKTG., CORP.
101 Phil 349
G.R. No. L-9110 April 30, 1957 - JOSEFA VDA. DE
CRUZ, ET AL v. MANILA HOTEL CO.
101 Phil 358
G.R. No. L-9160 April 30, 1957 - ADRIANO GOLEZ v.
CARMELO S. CAMARA
101 Phil 363
G.R. Nos. L-9208-16 April 30, 1957
VELARDE, ET AL v. FELIPA PAEZ, ET AL

MARIA

101 Phil 376

G.R. No. L-9540 April 30, 1957 - SEVERINO MANOTOK
v. ELADIO GUINTO
101 Phil 383
G.R. No. L-9637 April 30, 1957 - AMERICAN BIBLE
SOCIETY v. CITY OF MANILA
101 Phil 386
G.R. No. L-9638 April 30, 1957 - PEOPLE OF THE
PHIL. v. ADELINA NABALUNA, ET AL
101 Phil 402
G.R. No. L-9823 April 30, 1957 - IN RE: JESUS ISASI
Y LARRABIDE v. REPUBLIC OF THE PHIL.
101 Phil 405
G.R. No. L-9900 April 30, 1957 - YUCUANSEH DRUG
CO., INC., ET AL v. NATL. LABOR UNION, ET AL
101 Phil 409

G.R. No. L-10056 April 30, 1957 - MANILA SURETY &

FIDELITY CO. v. VICENTE S. DEL ROSARIO, ET AL
101 Phil 412
G.R. No. L-10080 April 30, 1957 - DEE CHO LUMBER
WORKERS UNION v. DEE CHO LUMBER COMPANY
101 Phil 417
G.R. Nos. L-10093 & L-10356 April 30, 1957 CARLOS J. TORRES v. HON. JOSE TEODORO, ET AL
101 Phil 422
G.R. No. L-10153 April 30, 1957 - PLARIDEL SURETY
& INSURANCE CO., INC. v. HON. AGUSTIN P. MONTESA,
ET AL
101 Phil 431
G.R. Nos. L-10308 & L-10385-88 April 30, 1957 MARIA PAZ S. ALBA, ET AL v. DR. HORACIO BULAONG,
ET AL
101 Phil 434
G.R. No. L-10338 April 30, 1957 - MAGALONA & CO. v.
WORKMENS COMPENSATION COMMISSIONER, ET AL
101 Phil 439
G.R. No. L-10736 April 30, 1957 - EMILIANO ACUA,
ET AL v. HON. HERMOGENES CALUAG, ET AL
101 Phil 446
G.R. No. L-10771 April 30, 1957 - EDUARDO M.
PERALTA v. DANIEL M. SALCEDO, ETC
101 Phil 452

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