People v. Perfector

TOPICS: Abrogation of political laws during a change of sovereignty

FACTS: 

Gregorio Perfecto, the editor of the newspaper, La Nacion, published an article exposing the members of the Philippine Senate to public hatred over the investigation of oil companies. 

The lower court found Perfecto to have violated Article 256 of the Spanish Penal Code. Article 256 of the Spanish Penal Code was enacted by the Government of Spain to protect Spanish officials who were the representatives of the King. 

ISSUE: 

Whether or not Article 256 of the Spanish Penal Code was still in force. 

RULING:

No, Article 256 of the Spanish Penal Code was no longer in force. 

The general principle of the public law provides that on an acquisition of territory, the previous political relations of the ceded region are totally abrogated. Political laws are those laws regulating the relations sustained by the inhabitants to the sovereign.

In this case, Article 256 of the Spanish Penal Code was enacted by the Government of Spain to protect Spanish officials who were the representatives of the King. It regulates the relations between the inhabitants and the Spanish officials.

Therefore, Article 256, being deemed to be political in nature, was already abrogated upon the change of sovereignty in the Philippines.