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  • People+vs +Que+Po+Lay

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    Hazel Perez
    97 tayangan1 halaman
    Que Po Lay was charged with violating Central Bank Circular No. 20 for failing to sell foreign exchange to the Central Bank within one day of receiving it. The trial court found him guilty. Que appealed, arguing that the circular was not published in the Official Gazette prior to his actions. The Supreme Court agreed, reversing the judgment. The circular had the force of law but was not published as required before taking effect. As an administrative issuance with penal provisions, it needed publication to bind the public. As the circular was not published until November 1951, Que could not be held liable under it for his actions prior to that date.

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    People+vs.+Que+Po+Lay

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    Que Po Lay was charged with violating Central Bank Circular No. 20 for failing to sell foreign exchange to the Central Bank within one day of receiving it. The trial court found him guilty. Que appealed, arguing that the circular was not published in the Official Gazette prior to his actions. The Supreme Court agreed, reversing the judgment. The circular had the force of law but was not published as required before taking effect. As an administrative issuance with penal provisions, it needed publication to bind the public. As the circular was not published until November 1951, Que could not be held liable under it for his actions prior to that date.

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    Attribution Non-Commercial (BY-NC)
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    97 tayangan1 halaman

    People+vs +Que+Po+Lay

    Diunggah oleh

    Hazel Perez
    Que Po Lay was charged with violating Central Bank Circular No. 20 for failing to sell foreign exchange to the Central Bank within one day of receiving it. The trial court found him guilty. Que appealed, arguing that the circular was not published in the Official Gazette prior to his actions. The Supreme Court agreed, reversing the judgment. The circular had the force of law but was not published as required before taking effect. As an administrative issuance with penal provisions, it needed publication to bind the public. As the circular was not published until November 1951, Que could not be held liable under it for his actions prior to that date.

    Hak Cipta:

    Attribution Non-Commercial (BY-NC)
    Unduh sebagai DOC, PDF, TXT atau baca online dari Scribd
    Tandai sebagai konten tidak pantas
    dari 1

    People vs.

    Que Po Lay | Montemayor Keywords: [publication] FACTS Que Po Lay (Que) was charged of violating Central Bank Circular No. 20 for failing to sell foreign exchange in his possession consisting of U.S. dollars, U.S. checks, and U.S. money orders amounting to $7,000 to the Central Bank within one day from the receipt of such foreign exchange. The trial court found him guilty. Hence, this appeal where Que contends that Circular No. 20 had no force and effect because it was not published in the Official Gazette, prior to the act or omission imputed to him. ISSUES/HELD Should the circular have been published to produce legal effects? YES. JUDGMENT REVERSED. RATIONALE It is true that Circular No. 20 of the Central Bank is not a statute or law but being issued for the implementation of the law authorizing its issuance, it has the force and effect of law according to settled jurisprudence. Thus, it has to comply with the requirements of publication of a statute before it may take effect as mandated by Section 11 of the Revised Administrative Code and Art. 2 of the Civil Code. Moreover, as a rule, circulars and regulations which prescribe a penalty for their violation should be published before becoming effective; this is on the general principle and theory that before the public is bound by its contents, especially its penal provisions, a law, regulation, or circular must first be published and the people officially and specifically informed of said contents and its penalties. It is clear that Circular No. 20 did not have any legal effect and bound no one until its publication in the

    Official Gazette or after November 1951. Thus, Que 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 within one day following his taking possession thereof. Although this issue was only raised for the first time on appeal, it may still be considered because the court may be said to have had no jurisdiction when it rendered a judgment finding Que guilty of violating Circular No. 20 which, in the eyes of the law, was not in existence for not having been published.

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