Case Digest: People v. Perfecto, 43 Phil. 887 (1922)

Political Law Review | Political Law
  • Gregorio Perfecto, editor of La Nacion, published an editorial criticizing the Philippine Senate regarding missing documents from an investigation. The article implied that the Senators were involved in corruption and electoral fraud.
  • Perfecto was charged under Article 256 of the Spanish Penal Code, which criminalized insults or defamation against ministers or persons in authority.

Whether Article 256 of the Spanish Penal Code is in the nature of a municipal law or political law? Political Law.

  • The Supreme Court reversed the conviction and acquitted Perfecto.
  • The court held that Article 256 was inconsistent with democratic principles and incompatible with American constitutional values such as freedom of speech and freedom of the press.

Relevance to Political Law

  • 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. It includes constitutional principles, public officers' accountability, and the democratic rights of individuals.
  • Article 256 was created to protect high-ranking public officials from criticism, especially those representing monarchical authority like the Ministers of the Crown.
  • Laws like Article 256 are incompatible with democratic principles and the American system of governance, where public officials are servants of the people, not protected sovereigns.
  • Since the provision affects how people may interact with or criticize the government, it clearly touches on freedom of speech and the press, which are fundamental political rights.



 

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