Case Citation: G.R. No.

L-18463

Date: 04 OCTOBER 1922

Petitioners: THE PEOPLE OF THE PHILIPPINES ISLAND

Respondents: GREGORIO PERFECTOR

Syllabus Topic: INTRODUCTION: THE 1987 PHILIPPINE CONSTITUTION

Thesis Statement: The Transfer of Sovereignty from Spain to the United States and Later on from the United
States to the Republic of the Philippines.

Issue: Whether or not the respondent violated the Art. 256 of the Spanish Penal Code.

The Facts of the Case: 1. In 1920, a document containing the records of testimony given by the
witnesses in the Senate investigation of oil companies had disappeared from
the Office of the Secretary of the Philippine Senate.

2. A month after, La Nacion, a newspaper, published an article about the loss of

said document stating “the author or authors of the robbery of the records from
the iron safe of the Senate have, perhaps but followed the example of certain
Senators who secured their election through fraud or robbery.” The editor of
the said article was Mr. Gregorio Perfecto.

3. An information was filed by the Attorney-General, through a Resolution

adopted by the Philippine Senate, against the defendant alleging that the
editorial constituted Art. 256 of the Penal Code.

4. The defendant was found guilty by both Municipal Court and Court of First
Instance of Manila.

RTC:

CA:

Petitioner’s Contention:

Respondent’s
Contention:

SC Ruling: The judgment was reversed and the defendant-apellant was acquitted on the basis that
the Article 256 was abrogated completely by the change of sovereignty over the
Philippines from Spanish to American.

The article in question was enacted by the Spain Government in the Philippines to
protect its officials who represent the Spanish King. Following the change in
sovereignty, such provision was crowded out upon establishment of United States
authority.

Other/Notes: The general principle of the public law is that on acquisition of territory the previous
political relations of the ceded region are totally abrogated.
Ponente: Malcolm, J.