Case Digest (G.R. No. L-9820) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
The case involves Pedro R. Exconde, the defendant and appellant, who was convicted by the Court of First Instance of Manila for violating Central Bank Circular No. 37 on August 30, 1957. This circular limited the amount of Philippine currency an outgoing passenger could carry to ₱100. On May 5, 1954, while aboard the s.s. President Wilson bound for Japan, supervising agent Jose A. Fojas from the Department of Finance discovered that Exconde possessed ₱5,090, U.S. $50 in cash, travelers' checks amounting to $100, and a remitter's receipt from the Bank of America for $350. Exconde acknowledged that carrying the ₱5,000 exceeded the prescribed limit under the Circular, as he lacked the necessary license for the excess amount. Consequently, the trial court sentenced him to four months of imprisonment, a fine of ₱100, and costs. Exconde appealed against his conviction and a Case Digest (G.R. No. L-9820) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Overview of the Case
- The accused, Pedro R. Exconde, was charged with violating Central Bank Circular No. 37.
- The circular limits outgoing passengers from carrying more than P100 in Philippine currency, with specific restrictions on the amount in coins.
- Details of the Violation
- On May 5, 1954, while aboard the s.s. President Wilson bound for Japan, Exconde was found by supervising agent Jose A. Fojas in possession of unauthorized funds.
- The funds included P5,090 in Philippine currency, in addition to U.S. $50 in cash, travelers’ checks for $100, and a Bank of America remitter’s receipt for $350.
- The possession of P5,000 in excess of the allowed limit constituted a violation of the circular.
- Judicial Proceedings in the Lower Court
- Exconde was convicted in the Court of First Instance of Manila for the violation of the circular.
- The court imposed a sentence of four (4) months of imprisonment, a fine of P100, and assessed court costs.
- Legal and Administrative Context
- Central Bank Circular No. 37 was promulgated under the authority of the Central Bank Act (Republic Act No. 265), particularly relying on Section 34, which imposes penalties for any willful violation of the Act or its regulations.
- The circular was designed to regulate the export of Philippine currency, thereby safeguarding the international value of the peso and helping control the expansion or contraction of the money supply.
Issues:
- Validity of the Regulatory Authority
- Whether Central Bank Circular No. 37 is a valid exercise of the regulatory power delegated to the Monetary Board by the Central Bank Act.
- Whether the broad language of Section 34 of the Act authorizes penal sanctions for violations beyond those relating solely to banking institutions.
- Delegation of Legislative Power
- Whether Section 34, which imposes penalties for violations, improperly or invalidly delegates legislative power by extending to regulating the exportation of Philippine currency.
- Whether the delegation, as embodied in Circular No. 37, is constitutionally acceptable provided it is germane to the objectives of the Central Bank Act.
- Application of Confiscation Under the Revised Penal Code
- Whether the lower court erred in refusing the Government’s appeal to order the confiscation of the unlicensed money found in Exconde’s possession.
- Whether Article 10, by making the Revised Penal Code supplementary to special laws, thereby allows the application of Article 45 (confiscation) to this case.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)