THE PEOPLE OF THE PHILIPPINE ISLANDS V.

GREGORIO PERFECTO
G. R. No. L – 18463, October 4, 1922
Facts:
On September 7, 1920, Gregorio Perfecto published an editorial for the newspaper La Nacion, about the loss of documents
in the Senate. The said documents were records of witness testimonies regarding the investigation of Oil Companies. The
Philippine Senate deemed the editorial of Mr. Perfecto to be libellous and in direct violation of Article 256 of the Spanish
Penal Code, which states, "Any person who, by word, deed, or writing, shall defame, abuse, or insult any Minister of
the Crown or other person in authority, while engaged in the performance of official duties, or by reason of such
performance, provided that the offensive minister or person, or the offensive writing be not addressed to him, shall
suffer the penalty of arresto mayor,". Defendant argued whether Article 256 is still in force with the new American
occupation. Defendant was found guilty in the municipal court and also in the Court of First Instance of Manila.
Issue:
Whether or not Mr. Gregorio Perfecto violated Article 256 of the Spanish Penal Code
Held:
No. It is a general principle that whenever there is acquisition of new territory, the previous political relations are totally
abrogated, although some laws from the Spanish Penal Code are still used in force, it was only done so because of
convenience. However, with the new American occupation all laws that are inconsistent with the democratic nature of
the new government are displaced without the need for any declaration.

Article 256 is a law that is monarchical in nature, aiming to protect ministers of the crown and persons of authority as
representatives of the king of Spain, upholding said officials as higher from the general population and protecting them
from contemptuous or dissatisfied statement from the public. It is completely against the nature and the spirit of the
American System of Government (republican) which states that every man is a sovereign, a ruler and a freeman, and has
equal right with every other man.

DIGEST 2

People v. Perfecto (Case Digest)

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 testimony of the witnesses in an investigation 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 article against the Philippine Senate. Here, Mr. Perfecto was
alleged to have violated Article 256 of the Spanish Penal Code – provision that punishes those who insults the
Ministers of the Crown. Hence, the issue.

ISSUE: Whether or not Article 256 of the Spanish Penal Code (SPC) is still in force and can be applied in the
case at bar?

HELD: No.

REASONING: The Court stated that during the Spanish Government, Article 256 of the SPC was enacted to
protect Spanish officials as representatives of the King. However, the Court explains that in the present case, we
no longer have Kings nor its representatives 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
automatically abrogated. The Court determined Article 256 of the SPC to be ‘political’ in nature for it is about the
relation of the State to its inhabitants, thus, the Court emphasized that ‘it is a general principle of the public law
that on acquisition of territory, the previous political relations of the ceded region are totally abrogated.’Hence,
Article 256 of the SPC is considered no longer in force and cannot be applied to the present case. Therefore,
respondent was acquitted