People of the Philippines v. Que Po Lay
G.R. No. L-6791
March 29, 1954
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
QUE PO LAY, defendant-appellant.
Facts:
Que Po Lay was charged for violating Central Bank Circular No. 20 when he failed to sell foreign exchange amounting to $7000. Because of this, he was sentenced to spend six months in prison and pay a Php1000 fine. Circular No. 20 was issued in the year 1949, but it was not published until November 1951, three months after Que Po Lay’s conviction of its violation.
Issue:
Can Que Po Lay be justly convicted of violating Circular No. 20 before its publication?
Ruling:
No. The circular prescribes a penalty in the event of its violation. Thus, it has the force and effect of law and therefore should be published before it could have a binding effect. Before publication, “in the eyes of the law, there was no circular to be violated.” Que Po Lay therefore did not violate Circular No. 20 and was acquitted.
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