Topics:

Effectivity of law; publication; penal laws

Title: People vs. Que po lay
Facts:
The Appellant was charge of falling to sell the foreign exchange to the Central Bank
within one day following the receipt of such foreign exchange as required by Circular
No. 20. The said circular No. 20 was not published in the Official Gazette prior to the act
or omission imputed to the appellant.
Issue: Does the Circular has legal effect?

Ruling: Yes.

Legal
Basis:
According to the Supreme Court (1954), under Art. 1 of the old civil code, Circulars,
particularly those with penal provision, did not have any legal effect and bound no one
until its publication in the Official Gazzette. before the public is bound by its contents,
especially its penal provisions, a law, regulation or circular must first be published and
the people officially and specifically informed of said contents and its penalties.