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    Trina Donabelle Gojunco
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    Que Po Lay was found guilty by a lower court of violating Central Bank Circular No. 20 for possessing foreign currency without selling it to the Central Bank as required. The Supreme Court reversed this decision, holding that Circular No. 20 was not effective for imposing penalties because it was only published in the Official Gazette after Que Po Lay's alleged violation. As a rule, circulars prescribing penalties must be published to notify the public before those penalties can be enforced. The Supreme Court therefore acquitted Que Po Lay with costs.

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    Que Po Lay was found guilty by a lower court of violating Central Bank Circular No. 20 for possessing foreign currency without selling it to the Central Bank as required. The Supreme Court reversed this decision, holding that Circular No. 20 was not effective for imposing penalties because it was only published in the Official Gazette after Que Po Lay's alleged violation. As a rule, circulars prescribing penalties must be published to notify the public before those penalties can be enforced. The Supreme Court therefore acquitted Que Po Lay with costs.

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    2K views1 page

    Que Po Lay Digest

    Uploaded by

    Trina Donabelle Gojunco
    Que Po Lay was found guilty by a lower court of violating Central Bank Circular No. 20 for possessing foreign currency without selling it to the Central Bank as required. The Supreme Court reversed this decision, holding that Circular No. 20 was not effective for imposing penalties because it was only published in the Official Gazette after Que Po Lay's alleged violation. As a rule, circulars prescribing penalties must be published to notify the public before those penalties can be enforced. The Supreme Court therefore acquitted Que Po Lay with costs.

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    TITLE: People of the Phils v Que Po Lay

    CITATION: 94 Phil 640 | GR No. 6791, March 29, 1954

    FACTS:

    The appellant was in possession of foreign exchange consisting of US dollars, US


    checks and US money orders amounting to about $7000 but failed to sell the same to
    the Central Bank as required under Circular No. 20.

    Circular No. 20 was issued in the year 1949 but was published in the Official Gazette
    only on Nov. 1951 after the act or omission imputed to Que Po Lay.

    Que Po Lay appealed from the decision of the lower court finding him guilty of
    violating Central Bank Circular No. 20 in connection with Sec 34 of RA 265
    sentencing him to suffer 6 months imprisonment, pay fine of P1,000 with subsidiary
    imprisonment in case of insolvency, and to pay the costs.

    ISSUE:

    1. Whether or not publication of Circular 20 in the Official Gazette is needed for it to


    become effective and subject violators to corresponding penalties.

    HELD:

    It was held by the Supreme Court, in an en banc decision, that as a rule, circular and
    regulations of the Central Bank in question prescribing a penalty for its violation
    should be published before becoming effective. This is based on the theory that
    before the public is bound by its contents especially its penal provisions, a law,
    regulation or circular must first be published for the people to be officially and
    specifically informed of such contents including its penalties.

    Thus, the Supreme Court reversed the decision appealed from and acquit the
    appellant, with costs de oficio.

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