Case Digest: Macariola v. Asuncion, A.M. No. 133-J, May 31, 1982

 Political Law Review | Political Law

  • Judge Elias Asuncion presided over a partition case involving the heirs of the late Francisco Reyes.
  • After rendering a final decision and approving a project of partition, portions of lot once part of the estate were sold and eventually purchased by Judge Asuncion and his wife.
  • Later, Judge Asuncion and his wife transferred their interest in the property to a corporation in which both were officers and shareholders.
  • Bernardita Macariola, one of the parties in the original partition case, filed an administrative complaint against Judge Asuncion alleging violations of Article 14 of the Code of Commerce, which prohibits judges from engaging in commerce, by acquiring such shares.
Whether Article 14 of the Code of Commerce was still in effect after the change of sovereignty from Spain to the United States and then to the Republic of the Philippines. NO.
  • Political law is a branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory.
  • Article 14 of the Code of Commerce partakes more of the nature of an administrative law because it regulates the conduct of certain public officers and employees with respect to engaging in business: hence, political in essence..
  • Under public international law principles, political laws of the former sovereign are automatically abrogated upon change of sovereignty, unless expressly re-enacted by the new sovereign. Since no enabling act of the U.S. or the Philippine government continued Article 14 in force, it ceased to have legal effect after the transfer of sovereignty from Spain.

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