People v. Perfecto, G.R. No. L-18463, October 4, 1922
FACTS: The issue started when the Secretary of the Philippine Senate, Fernando Guerrero, discovered
that the documents regarding the tes mony of the witnesses in an inves ga on of oil companies had
disappeared from his office. Then, the day following the convening of Senate, the newspaper La Nacion –
edited by herein respondent Gregorio Perfecto – published an ar cle against the Philippine Senate. Here,
Mr. Perfecto was alleged to have violated Ar cle 256 of the Spanish Penal Code – provision that punishes
those who insults the Ministers of the Crown. Hence, the issue.
ISSUE: Whether or not Ar cle 256 of the Spanish Penal Code (SPC) is s ll in force and can be applied in
the case at bar?
HELD: No.
REASONING: The Court stated that during the Spanish Government, Ar cle 256 of the SPC was enacted
to protect Spanish officials as representa ves of the King. However, the Court explains that in the
present case, we no longer have Kings nor its representa ves for the provision to protect. Also, with the
change of sovereignty over the Philippines from Spanish to American, it means that the invoked
provision of the SPC had been automa cally abrogated. The Court determined Ar cle 256 of the SPC to
be ‘poli cal’ in nature for it is about the rela on of the State to its inhabitants, thus, the Court
emphasized that ‘it is a general principle of the public law that on acquisi on of territory, the previous
poli cal rela ons of the ceded region are totally abrogated.’ Hence, Ar cle 256 of the SPC is considered
no longer in force and cannot be applied to the present case. Therefore, respondent was acqui ed.