FACTS: The Secretary of the Philippine Senate, Fernando M. Guerrero, discovered that certain documents, which constituted the records of testimony given by witnesses in the investigation of oil companies, had disappeared from his office. The day following the convening of the Senate, the newspaper La Nacion, edited by Mr. Gregorio Perfecto, published an article regarding what happened. Perfecto was prosecuted for writing an editorial against the Philippine Senate. The editorial in question was alleged to have violated Art. 256 of the Penal Code, punishing insults to Ministers of the Crown.
ISSUE: Whether Article 256 of the Spanish Penal Code is still in force.
RULING: The Supreme Court acquitted him, holding that the particular article, of the said Code had been automatically abrogated, being political in nature, upon the advent of American sovereignty. Furthermore, Article 256 of the Penal Code is contrary to the genius and fundamental principles of the American character and system of government. The gulf which separates this article from this spirit which inspires all penal legislation of American origin, is as wide as that which separates a monarchy from a democratic republic like that of the Unite States. Punishment for contempt of non-judicial officers has no place in a government based upon American principles. The American system of government is calculated to enforce respect and obedience where such respect and obedience is due, but never does it place around the individual who happens to occupy an official position by mandate of the people any official halo, which calls for drastic punishment for contemptuous remarks.
1 comment:
he was acquitted. you only digested half
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