People v. Que Po Lay
L-6791, Mar. 29, 1954
FACTS: Po Lay was accused of violating Circular No. 20 of the Central Bank compelling those who had foreign currency to sell the same to the Central Bank. Po Lay alleged that as the circular had not yet been published in the Official Gazette before he committed the act, the circular should have no effect on his act and that therefore he should be acquitted.
HELD: Po Lay is correct for the circular has the force
of law, and should have been published. Moreover, as a rule, circulars which prescribe a penalty for their violation should be published before becoming effective. This is based 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 the penalties for violation thereof.
Linkback:
https://tubagbohol.mikeligalig.com/index.php?topic=63303.0
Topic: New Law Must Be Published First Before It Becomes Enforceable (Read 1096 times)