PEOPLE VS. QUE PO LAY

PEOPLE VS. QUE PO LAY, digested

Posted by Pius Morados on November 9, 2011
94 SCRA 641, March 29, 1954 (Constitutional Law – Publication of Bank Circulars and Regulations)

FACTS: Appellant who was in possession of foreign exchange consisting of U.S. dollars, U.S. checks and U.S. money orders 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 Central Bank Circular No. 20. Appellant appeals on the claim that the said circular had no force or effect because the same was not published in the official Gazette prior to the act or omission imputed to said appellant. The Solicitor General counters 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 or not circulars and regulations should be published in order to have force and effect.

HELD: Yes, circulars and regulations especially like Circular No. 20 of the Central Bank which prescribes a penalty for its violation should be published before becoming effective. 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.

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