People of the Ph vs.

Gregorio Perfecto
Facts
Secretary of the Senate, Fernando Guerrero discovered that the documents regarding the testimonies of
witnesses in the investigation of oil companies. After he informed the incident to the senate during the
session conducted by the Governor-General, an article against the Senate published in La Nacion edited
by defendant Gregorio Perfecto surfaced. He was then accused of violating article 258 of the Spanish
Penal Code which prohibits any persons to defame, abuse, insult, ministers of the Crown or any other
person in authority.
Issue
Is the Article 258 of SPC is in effect on this case?
Decision
No, the article is not in effect in this case because, given the change in sovereignty from Spanish to US,
there were no longer representatives of the crown in which the law protects. Furthermore, the Libel Law
Act 277 has repealed so much of the article that based on the facts given, neither were violated by the
defendant.

Bernardita Macariola vs. Judge Elias vs Asuncion

Facts
Macariola filed a complaint on Judge Elias Asuncion on the grounds of “acts unbecoming of a judge”. It
was then recalled that the judge handled the case involving Macariola and her other siblings over land
dispute which was already concluded and lots divided. One of the lots was then conveyed to the
stenographer under the judge’s court. The other was purchased by doctor Galapon who then sold a portion
of the lot to the judge. He then conveyed it to the shares on the Traders Manufacturing and Fishing
Industry to which he was a ranking officer. Macariola filed case against him on the grounds of violating
section 1491 of the New Civil Code and section 14 of the Commercial Code.
Issue
Whether the judge acted unethically
Ruling
No, the case was dismissed. There was no violation of article 1491 of the civil code which prohibits
person in authority to purchase a property involved on a case decided by that same person as it was
emphasized that it is only prohibited if the litigation is pending. On the case however, the case already
reaches its conclusion with the lots already divided and there were no appeals made so there was no
violation. As for the other grounds, article 14 has no legal effect affirmative act done on the transfer of
sovereignty, political laws can be automatically revoked. Moreover, it was not shown that the judge acted
in the purchase in his official capacity.
Josue Javellana vs. Secretary of State, Secretary of the Finance, Sec. of Justice and National Defense