Case Digest (G.R. No. 12473)
Facts:
The United States v. Loo Hoe, G.R. No. 12473, September 18, 1917, the Supreme Court En Banc, Johnson, J., writing for the Court. The plaintiff-appellee was the United States; the defendant-appellant was Loo Hoe.In April 1916 the Court of First Instance of the Province of Sulu (Department of Mindanao and Sulu) convicted Loo Hoe for violating the Opium Law and sentenced him to deportation. The sentence was executed and the appellant was deported from the Philippine Islands. The deportation order included the additional phrase “y permanecer para siempre fuera de estas Islas Filipinas,” which the Court later treated as surplusage.
In August 1916 the appellant returned to the Philippines in contravention of the deportation. On August 19, 1916 a complaint was presented to the justice of the peace; after a preliminary examination the justice held the appellant for trial in the Court of First Instance. On November 16, 1916 the deputy prosecuting attorney filed a complaint in the Court of First Instance; the appellant was arraigned, pleaded guilty, and was sentenced to four months’ imprisonment, to be again deported thereafter, and to pay costs. The appellant appealed that sentence to the Supreme Court.
The appellant argued that his return did not constitute contempt under section 232 of Act No. 190. The Court of First Instance had imposed the sentence appealed f...(Subscriber-Only)
Issues:
- Does a return to the Philippines in violation of a previously executed deportation order constitute contempt punishable under section 232 of Act No. 190?
- If not, can the penalties for jail breaking under article 127 of the Penal Code be applied to the...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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