People vs Perfecto

G.R. no. L-18463

October 4, 1922

Facts:
Gregorio Perfecto published an article in the newspaper La Nacion insulting the Senate when
Fernando Guerrero which is the Secretary of the Senate discovered that several documents were
missing from his office. On September 9, 1920, the Senate authorized its Election Committee to indorse
to the Solicitor General the appropriate action. As a result, information was filed by an assistant city
fiscal of Manila alleging the same violated Art. 256 of the Spanish Penal Code and was found guilty
thereafter. Perfecto appealed the decision of the trial court. Thus, the case at hand.

Issue:
Whether or not, Art. 256 of the Spanish Civil Code is still in effect.

Held:
No. the Spanish Penal Code was effectively repealed with the change of government and
sovereignty. It is contrary to the “genius” and fundamental principles of the American character and
system of government. All penal legislation of American origin separates a monarchy from a democratic
republic. Crimes of lese majese disappeared in the Philippines with the ratification of the Treaty of Paris.
Ministers of the Crown, as was those individuals protected under Art 256 of the Spanish Penal Code,
have no place under American flag.
Macariola v. Asuncion
A.M. no. 133-J
May 31, 1982

Facts:
Complainant Bernardita Macariola charged respondent Judge. Elias Asuncion with acts
unbecoming of a judge. The respondent judge was the presiding judge in Civil Case no. 3010 wherein
Macariola is a defendant therein. On June 8, 1963, a decision was rendered which became final due to
lack of appeal. The Lot in question was partitioned and subsequently, a partition of said Lot 1184-E
which was conveyed to one Dr. Arcadio Galapon and his wife, was sold to Judge Asuncion which was
declared by the Spouses Asuncion for purposes of taxation. Complainant filed the instant complaint
alleging 4 causes of action: 1.) violation of Art. 1951, Par. 5 of the New Civil Code, 2.) Art. 14, par 1&5 of
the Code of Commerce, 3.) Section 3, Par. H of R.A. 3019, 4.) Sec. 12 Rule XVIII of the Civil Service Rules
and Canon 25 of the Canons of Judicial Ethics.

Issue:
Whether or not these causes of action constitutes acts unbecoming of a judge.

Held:
No. The prohibition under Art. 1491 was that assignment or sale must be made during the
pendency of the litigation. It is clear that the decision was already final because no appeal was made
during the reglementary period. Futhermore, the respondent did not directly buy the partition from the
plaintiffs of Civil Case 3010. It bears noting that Political Law embraces Administrative law including the
law on public offices and elections and Art 14 of the Code of Commerce partakes more of the nature of
an administrative law. The present Code of Commerce is the Spanish Code of Commerce of
“Commission de Codification de las Provincias de Ultramar”, which was extended to the Philippines was
abrogated upon the transfer of sovereignty from Spain to the United States and later on from the United
States to the Republic of the Philippines. Where there is a change in sovereignty, the political laws of the
former sovereign, whether compatible or not, with those of the new sovereign, are automatically
abrogated unless they are expressly re-enacted by affirmative act of the new sovereign.