BERNARDITA R. MACARIOLA , complainant, vs. HONORABLE ELIAS B.

ASUNCION, Judge of the Court of First Instance of Leyte, respondent.

A.M. No. 133-J, May 31 1982

Ponente: Makasiar J.

Material Facts:

Complainant Bernadita R. Macariola filed a suit alleging the respondent Judge Asuncion with "acts
unbecoming a judge." And for violating Article 14, paragraphs 1 and 5 of the Code of Commerce, Section 12, Rule
XVIII of the Civil Service Rules, associating himself with the Traders Manufacturing and Fishing Industries, Inc., as
a stockholder and a ranking officer. The respondent Judge purchased the lot in question from Dr. Arcadio Galapon
on March 6, 1965 who earlier purchased it on July 31, 1964 from three of the plaintiffs in Civil Case No. 3010. Then
a subsequent sale was made on August 31, 1966 by spouses Asuncion and spouses Galapon of their respective
shares and interest in said Lot 1184-E to the Traders Manufacturing and Fishing Industries, Inc.

Issues:

I. Whether or not Article 14, paragraphs 1 and 5 of the Code of Commerce has legal and binding effect.
II. Whether or not Rule XVIII of the Civil Service Rules applies to the members of the Judiciary.

Ruling:

Wherefore, the respondent Judge Asuncion, is hereby reminded to be more discreet in his private and
business activities.

Ratio:

The court finds that Article 14 of the Code of Commerce which is incorporated in the Spanish Code of
Commerce of 1885 is no longer in force. Taking into consideration the transfer of sovereignty from Spain to the
United States and later on from the United States to the Republic of the Philippines, Article 14 of this Code of
Commerce must be deemed to have been abrogated. Likewise, in People vs. Perfecto, the Court stated 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.” On the contention of Section 12, Rule XVIII of the Civil Service Rules where the rule states
that “No officer or employee shall engage directly in any private business,…without a written permission from the
Head of Department…” The court stated that violation of Section 12 of Rule XVIII is a ground for disciplinary
action against civil service officers and employees and does not apply to the members of the Judiciary. That under
Sections 5, 6 and 7, Article X of the 1973 Constitution, only the Supreme Court can discipline judges of inferior
courts as well as other personnel of the Judiciary.

THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs.

GREGORIO PERFECTO, defendant-appellant.
 G.R. No. 18463. October 4, 1922.

Penned by MALCOLM, J.

Facts:

An information was filed by an assistant city fiscal against defendant Gregorio Perfecto in violation of
Article 256 of the Penal Code in relation to the article published in La Nacion. The defendant was found guilty in
the municipal trial court and again in the Court of First Instance of Manila. However, during the course of the trial in
the Court of First Instance, the defense was moved for the dismissal of the case. Whether or not article 256 of the
Penal Code, under which the information was presented, is in force.

Issues:

I. Whether or not the Philippine Libel Law abrogated certain portions of the Spanish Penal Code.
II. Whether or not Article 256 of the Spanish Penal Code has legal and binding effect in the present
constitution.

Ruling:

In view of the foregoing, the court ruled that judgment should be reversed and the defendant and
appellant acquitted. For the crime of lese majeste disappeared in the Philippines with ratification of the Treaty of
Paris and that Ministers of the Crown have no place under the American flag.

Ratio:

Article 256 of the Spanish Penal Code states "Any person who, by word, deed, or writing, shall defame,
abuse, or insult any Minister of the Crown or other person in authority.” Majority of the court are of the opinion that
the present Libel Law has the effect of repealing so much of article 256 of the Penal Code as relates to written
defamation, abuse, or insult. The Libel Law, Act No. 277, Section 1 defines libel as "malicious defamation,
expressed either in writing, printing…” Section 13 provides that “All laws and parts of laws now in force, so far as
the same way be in conflict herewith, are hereby repealed. .". Moreover, the court stressed that provisions of the
Spanish Penal Code are no longer in force by the change from Spanish to American sovereignty over the
Philippines. The court stated: “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. "Political" here is used to denominate the laws
regulating the relations sustained by the inhabitants to the sovereign.”