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Que Po Lay Digest
Que Po Lay Digest
FACTS:
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:
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.