Que Po Lay was found in possession of around $7,000 in foreign exchange including U.S. dollars, checks, and money orders but failed to sell them to the Central Bank within one day as required by Circular No. 20. Que Po Lay claimed the circular was not published in the Official Gazette so it was not legally binding. The court held that while Circular No. 20 was issued in 1949, it was not published in the Official Gazette until November 1951, after Que Po Lay's conviction. Therefore, the circular did not have any legal effect and Que Po Lay could not be held liable for violating it since it was not binding at the time of the alleged act.
Que Po Lay was found in possession of around $7,000 in foreign exchange including U.S. dollars, checks, and money orders but failed to sell them to the Central Bank within one day as required by Circular No. 20. Que Po Lay claimed the circular was not published in the Official Gazette so it was not legally binding. The court held that while Circular No. 20 was issued in 1949, it was not published in the Official Gazette until November 1951, after Que Po Lay's conviction. Therefore, the circular did not have any legal effect and Que Po Lay could not be held liable for violating it since it was not binding at the time of the alleged act.
Que Po Lay was found in possession of around $7,000 in foreign exchange including U.S. dollars, checks, and money orders but failed to sell them to the Central Bank within one day as required by Circular No. 20. Que Po Lay claimed the circular was not published in the Official Gazette so it was not legally binding. The court held that while Circular No. 20 was issued in 1949, it was not published in the Official Gazette until November 1951, after Que Po Lay's conviction. Therefore, the circular did not have any legal effect and Que Po Lay could not be held liable for violating it since it was not binding at the time of the alleged act.
Que Po Lay was found in possession of around $7,000 in foreign exchange including U.S. dollars, checks, and money orders but failed to sell them to the Central Bank within one day as required by Circular No. 20. Que Po Lay claimed the circular was not published in the Official Gazette so it was not legally binding. The court held that while Circular No. 20 was issued in 1949, it was not published in the Official Gazette until November 1951, after Que Po Lay's conviction. Therefore, the circular did not have any legal effect and Que Po Lay could not be held liable for violating it since it was not binding at the time of the alleged act.
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THE PEOPLE OF THE PHILIPPINES,
plaintiff-appellee, vs. QUE PO LAY, defendant-appellant.
FACTS:
The appellant was in possession of foreign exchange consisting of U.S. dollars, U.S. checks and U.S. money orders amounting to about $7,000 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.
ISSUE:
WHETHER OR NOT PUBLICATION OF CIRCULAR NO. 20 IN THE OFFICIAL GAZETTE IS
NEEDED FOR IT TO BECOME EFFECTIVE.
HELD:
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.
