94 Phil 640 People Vs Que Polay
94 Phil 640 People Vs Que Polay
law, regulation or circular must first be published and the people officially and specifically informed of said contents and its
penalties.
Our Old Civil code, ( Spanish Civil Code of 1889) has a similar provision about the effectivity of laws, (Article 1 thereof),
namely, that laws shall be binding twenty days after their promulgation, and that their promulgation shall be understood as
made on the day of the termination of the publication of the laws in the Gazette. Manresa, commenting on this article is of
the opinion that the word "laws" include regulations and circulars issued in accordance with the same. He says:
El Tribunal Supremo, ha interpretado el articulo 1. del codigo Civil en Sentencia de 22 de Junio de 1910, en el
sentido de que bajo la denominacion generica de leyes, se comprenden tambien los Reglamentos, Reales
decretos, Instrucciones, Circulares y Reales ordenes dictadas de conformidad con las mismas por el Gobierno en
uso de su potestad. Tambien el poder ejecutivo lo ha venido entendiendo asi, como lo prueba el hecho de que
muchas de sus disposiciones contienen la advertencia de que empiezan a regir el mismo dia de su publicacion
en la Gaceta, advertencia que seria perfectamente inutil si no fuera de aplicacion al caso el articulo 1.o del
Codigo Civil. (Manresa, Codigo Civil Espaol, Vol. I. p. 52).
In the present case, although circular No. 20 of the Central Bank was issued in the year 1949, it was not published until
November 1951, that is, about 3 months after appellant's conviction of its violation. It is clear that said circular, particularly
its penal provision, did not have any legal effect and bound no one until its publication in the Official Gazzette or after
November 1951. In other words, appellant could not be held liable for its violation, for it was not binding at the time he was
found to have failed to sell the foreign exchange in his possession thereof.
But the Solicitor General also contends that this question of non-publication of the Circular is being raised for the first time
on appeal in this Court, which cannot be done by appellant. Ordinarily, one may raise on appeal any question of law or
fact that has been raised in the court below and which is within the issues made by the parties in their pleadings. (Section
19, Rule 48 of the Rules of Court). But the question of non-publication is fundamental and decisive. If as a matter of fact
Circular No. 20 had not been published as required by law before its violation, then in the eyes of the law there was no
such circular to be violated and consequently appellant committed no violation of the circular or committed any offense,
and the trial court may be said to have had no jurisdiction. This question may be raised at any stage of the proceeding
whether or not raised in the court below.
In view of the foregoing, we reverse the decision appealed from and acquit the appellant, with costs de oficio.
Paras, C.J., Bengzon, Padilla, Reyes, Bautista Angelo, Labrador, Concepcion and Diokno, JJ., concur.