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People v. Que Po Lay

The defendant was found in possession of about $7,000 in foreign currency and checks but failed to sell them to the Central Bank within one day as required by Circular No. 20. The defendant argued that the circular was not published in the Official Gazette and therefore did not have legal force. The court held that while the circular was issued to implement an existing law, it still needed to be published in the Official Gazette to have legal effect and bind the public, especially since it included penal provisions. Since Circular No. 20 was not published until after the defendant's conviction, it did not have any legal effect at the time of the defendant's actions.

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127 views

People v. Que Po Lay

The defendant was found in possession of about $7,000 in foreign currency and checks but failed to sell them to the Central Bank within one day as required by Circular No. 20. The defendant argued that the circular was not published in the Official Gazette and therefore did not have legal force. The court held that while the circular was issued to implement an existing law, it still needed to be published in the Official Gazette to have legal effect and bind the public, especially since it included penal provisions. Since Circular No. 20 was not published until after the defendant's conviction, it did not have any legal effect at the time of the defendant's actions.

Uploaded by

Dredd Lelina
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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People v.

Que Po Lay
G.R. No. L-6791, March 29, 1954
Montemayor, J.:

FACTS: Defendant-appellant Que Po Lay was in possession of foreign exchange consisting of U.S.
dollars, U.S. checks and U.S. money orders amounting to about $7,000. He failed to sell the same to the
Central Bank through its agents within one day following the receipt of such foreign exchange as required
by Circular No. 20. The appeal is based on the claim that said circular No. 20 was not published in the
Official Gazette prior to the act or omission imputed to the appellant, and that consequently, said circular
had no force and effect.

Defendant-appellant contended that Commonwealth Act. No., 638 and Act 2930 both require said circular
to be published in the Official Gazette, it being an order or notice of general applicability. The Solicitor
General answering this contention says that Commonwealth Act. No. 638 and 2930 do not require the
publication in the Official Gazette of said circular issued for the implementation of a law in order to have
force and effect.

ISSUE: whether the circular should be published first to have the force and effect of law.

HELD: Yes. Section 11 of the Revised Administrative Code provides that statutes passed by Congress
shall, in the absence of special provision, take effect at the beginning of the fifteenth day after the
completion of the publication of the statute in the Official Gazette. Article 2 of the new Civil Code
(Republic Act No. 386) equally provides that laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette, unless it is otherwise provided. 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.

Moreover, as a rule, circulars and regulations especially like the Circular No. 20 of the Central Bank in
question which prescribes a penalty for its violation should be published before becoming effective, this,
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.

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 Gazette or after November 1951.

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