Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1922 > March 1922 Decisions > G.R. No. L-18432 March 9, 1922 - PEOPLE OF THE PHILS. ISLANDS v. NICOLAS ENCARNACION

043 Phil 172:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-18432. March 9, 1922. ]

THE PEOPLE OF THE PHILIPPINES ISLANDS, Plaintiff-Appellant, v. NICOLAS ENCARNACION, Defendant-Appellee.

Attorney-General Villa-Real for Appellant.

Ramon Diokno, Anacleto Filart, and A. M. Jimenez for Appellee.

SYLLABUS


1. PROVINCIAL OFFICIALS; INTEREST IN GOVERNMENT CONTRACTS; SECTIONS 2581 AND 2613 OF ADMINISTRATIVE CODE. — Section 2581 of the Administrative Code, defining and punishing the act of provincial or municipal official or employee an interest in Government contracts, refers to the Department of Mindanao and Sulu and not to the Mountain Province, as Act No. 2798 of the Philippine Legislature did not make said section 2581 applicable to the Mountain Province. Section 2613 of the aforementioned Code merely provides, in general terms, the procedure in cases of suspension and removal, without specifying the causes thereof which may well be for causes other than those enumerated in section 2581, which is not applicable to the Mountain Province.

2. ID.; ID.; ARTICLE 397 OF PENAL CODE. — The punishment provide in section 2581 of the Administrative Code being different from that imposed by article 397 of the Penal Code, not only by reason of its nature and character, but also of the procedure by which it is imposed, it cannot be said that was the intention of the Legislature to repeal article 397 of the Penal Code by the enactment of said section 2581.


D E C I S I O N


ROMUALDEZ, J. :


The question presented in this appeal is purely one of law. It is as to whether or not article 397 of the Penal Code, under which Nicolas Encarnacion was prosecuted, was repealed by the Administrative Code.

This appeal is brought by the prosecuting attorney against the under sustaining the demurrer filed by the accused alleging that article 397 of the Penal Code had been repealed.

The reasons for sustaining the demurrer are stated in said order as follows:jgc:chanrobles.com.ph

"The provisions of the said section 2581 and 2613 are, by virtue of Act No. 2798, applicable to the Mountain Province and consequently to the case at bar; and it is undeniable, in cases of this kind, that after examining the provisions of both laws, that is, article 397 of the Penal Code and section 2581 of the Administrative Code, and considering that the penalty prescribed by article 397 of the Penal Code is similar to, if not of the same nature as, that provided in section 2581 of the Administrative Code, we cannot escape the conclusion that the Legislative, by enacting sections 2581 and 2613 of the Administrative Code, in relation with Act. No. 2798, has taken away from the courts the power to try and punish these kinds of violations and has placed it in the hands of the administrative officials by the proceedings provided in section 2613 of the Administrative Code." (Page 2, Brief of Attorney-General.)

Section 2581 of the Administrative Code defines and punishes the act of taking an interest in the contracts awarded by the Government. This section is under chapter 62 of the Administrative Code and refers to the Department of Mindanao and Sulu and not to the Mountain Province where the act complained of was committed. Act No. 2798, cited by the court, did not make section 2581 of the Administrative Code applicable to the Mountain Province, as said Act No. 2798 only made chapters 63 and 64 of the said Code applicable to the Mountain Province, and not chapter 62 in which section 2581 is embodied.

It is true that section 2613 is found in chapter 63 of this Code and by virtue of Act No. 2798 it was made applicable to the Mountain Province; but the provisions of section 2613 of the Administrative Code merely refer to the general procedure in cases of suspension and removal, without specifying therein the causes thereof, which may well be for causes other than those enumerated in section 2581 which is not applicable to the Mountain Province.

Furthermore, the punishment provided for in section 2581 of the Administrative Code, is one of a purely disciplinary nature, as contradistinguished from that prescribed by article 397 of the Penal Code, which is strictly penal in nature. The former is a punishment imposed, not by the judicial authority properly speaking, but by administrative officials (the department governor with the approval of the Secretary of Interior according to section 2613 of the Administrative Code), and the proceedings are not had in accordance with the strict rules of criminal procedure. The penalty provided by article 397 of the Penal Code is imposed, property speaking, by the judicial power and the proceedings is had under the strict rules of criminal procedure. The law has reserved to the administrative authorities the right to impose the punishment provided by section 2581 of the Administrative Code and that punishment is not considered under the provisions of the Penal Code, as a penalty (article 24, No. 3, Penal Code). The two punishments are different in nature, wherefore it cannot be said that it was the intention of the Legislature to repeal article 397 of the Penal Code by the enactment of section 2581 of the Administrative Code.

The order sustaining the demurrer is reversed and it is hereby decide that the court a quo order the accused to plead to the complaint, in accordance with law, and that the proceedings take their ordinary course in line with the existing provisions of the law of criminal procedure.

No special pronouncement as to costs is made. So ordered.

Araullo, C.J., Johnson, Street, Malcolm, Avancena, Villamor, Ostrand, and Johns, JJ., concur.




Back to Home | Back to Main


chanrobles.com



ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman





March-1922 Jurisprudence                 

  • G.R. No. L-17226 March 1, 1922 - L. S. MOON & CO. v. Honorable FRANCIS BURTON HARRISON

    043 Phil 27

  • G.R. No. L-17775 March 1, 1922 - UNITED STATES v. PEDRO VEGA ET AL.

    043 Phil 41

  • G.R. No. L-18081 March 3, 1922 - IN RE: OF MORA ADONG v. CHEONG SENG GEE

    043 Phil 43

  • G.R. No. L-17493 March 4, 1922 - UNITED STATES v. GREGORIO PERFECTO, ET AL.

    043 Phil 58

  • G.R. No. L-17748 March 4, 1922 - PEOPLE OF THE PHIL. ISLANDS v. GRACIANO L. CABRERA ET AL.

    043 Phil 64

  • G.R. No. L-17855 March 4, 1922 - PEOPLE OF THE PHIL. ISLANDS v. GRACIANO L. CABRERA ET AL.

    043 Phil 82

  • G.R. No. L-17283 March 7, 1922 - PEOPLE OF THE PHIL. ISLANDS v. SIXTO HERNANDEZ

    043 Phil 104

  • G.R. No. 17729 March 7, 1922 - L. P. FIEGE, ET AL. v. SMITH

    043 Phil 113

  • G.R. No. L-17584 March 8, 1922 - PEOPLE OF THE PHIL. ISLANDS v. GREGORIO SANTIAGO

    043 Phil 120

  • G.R. No. L-17603 March 8, 1922 - PEOPLE OF THE PHIL. ISLANDS v. ROSALIO PANALIGAN, ET AL.

    043 Phil 131

  • G.R. No. L-18699 March 8, 1922 - TAN CHICO v. Honorable PEDRO CONCEPCION

    043 Phil 141

  • G.R. No. L-15950 March 9, 1922 - CARLOS PALANCA v. DIRECTOR OF LANDS ET AL.

    043 Phil 149

  • G.R. No. L-16492 March 9, 1922 - E. MACIAS & Co. v. Warner

    043 Phil 155

  • G.R. No. L-16878 March 9, 1922 - SERAPIO BANAAD v. ALEJANDRA CASTANEDA

    043 Phil 163

  • G.R. No. L-17436 March 9, 1922 - PEOPLE OF THE PHIL. ISLANDS v. SERGIO MANZANILLA ET AL.

    043 Phil 167

  • G.R. No. L-18432 March 9, 1922 - PEOPLE OF THE PHILS. ISLANDS v. NICOLAS ENCARNACION

    043 Phil 172

  • G.R. No. 18600 March 9, 1922 - B.E. JOHANNES v. Honorable GEORGE R. HARVEY

    043 Phil 175

  • G.R. No. 16570 March 9, 1922 - SMITH, BELL & CO., LTD. v. VICENTE SOTELO MATTI

    044 Phil 874

  • G.R. No. 16869 March 13, 1922 - HEIRS OF ANTONIO ENRIQUEZ, ET AL. v. FRANCISCO ENRIQUEZ, ET AL.

    044 Phil 885

  • G.R. No. L-17633 March 14, 1922 - CLARA W. GILMER v. L. HILLIARD

    043 Phil 180

  • G.R. No. L-17865 March 15, 1922 - PEOPLE OF THE PHIL. ISLANDS v. CIPRIANA BUCSIT, ET AL.

    043 Phil 184

  • G.R. No. L-18056 March 16, 1922 - UNITED STATES v. ANGEL R SEVILLA

    043 Phil 186

  • IN RE Attorney EUSEBIO TIONKO : March 17, 1922 - 043 Phil 191

  • G.R. No. L-17230 March 17, 1922 - JOSE VELASCO v. TAN LIUAN & CO.

    043 Phil 195

  • G.R. No. L-18054 March 18, 1922 - PEOPLE OF THE PHIL. ISLANDS v. ARSENIO SUNGA Y REYES (alias) ARSENIO LOPEZ

    043 Phil 205

  • G.R. No. 18240 March 18, 1922 - PEOPLE OF THE PHIL. ISLANDS v. ENGRACIA CAPACIA

    043 Phil 207

  • IN RE: ANTONIO HORRILLENO : March 20, 1922 - 043 Phil 212

  • G.R. No. L-17866 March 20, 1922 - ANDREE C. CHEREAU v. ASUNCION FUENTEBELLA ET AL.

    043 Phil 216

  • G.R. No. L-18402 March 22, 1922 - CALIXTO BERBARI v. Honorable Carlos A. Honorable CARLOS A. IMPERIAL

    043 Phil 222

  • G.R. No. L-16924 March 23, 1922 - UNITED STATES v. Gregorio Perfecto

    043 Phil 225

  • G.R. No. L-17933 March 23, 1922 - PEOPLE OF THE PHIL. ISLANDS v. ATANASIO NANQUIL

    043 Phil 232

  • G.R. No. 17024 March 24, 1922 - DOMINGO BEARNEZA v. BALBINO DEQUILLA

    043 Phil 237

  • G.R. No. L-18203 March 27, 1922 - PEOPLE OF THE PHIL. ISLANDS v. TELESFORO DORADO, ET AL.

    043 Phil 240

  • G.R. No. L-17925 March 28, 1922 - PEOPLE OF THE PHIL. ISLANDS v. EVARISTO ABAYA

    043 Phil 247

  • G.R. No. L-17254 March 29, 1922 - CRISPULO VILLARUEL v. TAN KING

    043 Phil 251

  • G.R. No. L-18740 March 29, 1922 - WALTER E. OLSEN & CO. v. VICENTE ALDANESE

    043 Phil 259

  • G.R. No. L-16530 March 31, 1922 - MAMERTO LAUDICO, ET AL. v. MANUEL ARIAS RODRIGUEZ ET AL.

    043 Phil 270

  • G.R. No. L-18624 March 31, 1922 - GREGORIO MARQUEZ, ET AL. v. The Honorable BARTOLOME REVILLA

    043 Phil 274

  • G.R. No. L-18664 March 31, 1922 - MARIA GONZALEZ v. DIRECTOR OF LANDS

    043 Phil 277