Facts:
On September 7, 1920, Mr.
Gregorio Perfecto published an article in the newspaper La Nacion regarding the disappearance of certain documents in the
Office of Fernando M. Guerrero, the Secretary of the Philippine Senate. The
article of Mr. Perfecto suggested that the difficulty in finding the
perpetrators was due to an official concealment by the Senate since the missing
documents constituted the records of testimony given by witnesses in the
investigation of oil companies. This resulted to a case being filed against Mr.
Perfecto for violation of Article 256 of the Penal Code. He was found guilty by
the Municipal Trial Court and again in the Court of First Instance of Manila.
Mr. Perfecto filed an appeal in the Supreme Court to dismiss the case on the
ground that Article 256 was not in force anymore.
Issue:
Will a law be abrogated by the change of Spanish to American
Sovereignty over the Philippines?
Ruling:
The Supreme Court held that
Article 256 of the Spanish Penal Code was enacted by the Government of Spain to
protect Spanish officials who were representative of the King. With the change
of sovereignty, a new government, and a new theory of government, was set up in
the Philippines. It was no sense a continuation of the old laws. No longer is
there a Minister of the Crown or a person in authority of such exalted
position that the citizen must speak of him only in bated breath.
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.
Judgement is REVERED and the defendant and appellant ACQUITTED.
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