Case Summary (G.R. No. 18463)
Trial Court Proceedings
The municipal court and the Court of First Instance of Manila convicted Perfecto under art. 256. Judge Harvey, bound by the precedent U.S. v. Helbig, held that Spanish law remained in force and that Congressional Libel Law did not repeal art. 256’s written-defamation provision.
Issue Presented
Whether art. 256 of the Spanish Penal Code, punishing written defamation of persons in authority, remains in force in the Philippine Islands and applies to Perfecto’s editorial, or whether it has been repealed or abrogated.
Lower Court Rulings
Both trial courts upheld art. 256. The Court of First Instance refused to dismiss, citing stare decisis from U.S. v. Helbig and deeming the Spanish provision still effective until repealed by legislation or by the Supreme Court.
Supreme Court’s Analysis: Repeal by Libel Law
A majority held that Act No. 277 (Philippine Libel Law) constitutes a comprehensive statute on written defamation. Section 13 explicitly repeals conflicting laws. The definition of libel in Act 277 mirrors art. 256’s written-defamation elements. Under principles of statutory construction, the later, specific Libel Law repealed by implication art. 256’s application to written defamation.
Supreme Court’s Analysis: Effect of Sovereignty Change
A separate rationale, endorsed by some members, holds that Spanish provisions protecting “Ministers of the Crown” are inconsistent with American-style democratic government and the U.S. Constitution’s gua
...continue readingCase Syllabus (G.R. No. 18463)
Facts
- In August 1920, Senate records of testimony concerning an oil-company investigation disappeared from the iron safe of the Philippine Senate.
- Secretary of the Senate Fernando M. Guerrero reported the loss and his efforts to discover the culprit to the special-session Senate on September 6, 1920.
- On September 7, 1920, Gregorio Perfecto, editor of La Nacion, published an editorial suggesting official concealment and comparing the alleged theft to electoral fraud by Senators.
- The Senate authorized its Committee on Elections and Privileges (September 9, 1920) and thereafter the Senate President (September 15, 1920) to refer all papers in the matter to the Attorney-General.
- An information was filed in the Manila Municipal Court charging Perfecto under article 256 of the Spanish Penal Code for written defamation of persons in authority.
- Perfecto was convicted in the Municipal Court and again in the Court of First Instance, which followed United States v. Helbig in holding article 256 still in force.
Procedural History
- Municipal Court conviction for violation of article 256 of the Penal Code.
- Affirmation of conviction by the Court of First Instance (Judge Harvey) following Helbig precedent.
- Perfecto appealed to the Supreme Court, assigning fifteen errors focused on the validity and applicability of article 256.
Question Presented
- Is article 256 of the Spanish Penal Code, penalizing defamation, abuse, or insult “by writing” of a person in authority, still in force in the Philippines?
- If article 256 remains in force, does the Philippine Libel Law (Act No. 277) or the change from Spanish to American sovereignty repeal or render it inapplicable?
Trial Court’s Ruling
- Judge Harvey deemed article 256 still in force by stare decisis under United States v. Helbig.
- Found no “Ministers of the Crown” but held article 256 applied to any person