G.R. No. 18432 ; March 9, 1922
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellant, vs. NICOLAS ENCARNACION, defendant-appellee.

FACTS

Nicolas Encarnacion was prosecuted under Article 397 of the Penal Code. The defendant filed a demurrer, alleging that Article 397 had been repealed by the Administrative Code. The lower court sustained the demurrer, reasoning that Sections 2581 and 2613 of the Administrative Code, made applicable to the Mountain Province by Act No. 2798, removed from the courts the power to try and punish such violations and placed it in the hands of administrative officials. The prosecuting attorney appealed this order.

ISSUE

Whether Article 397 of the Penal Code was repealed by the Administrative Code.

RULING

No, Article 397 of the Penal Code was not repealed. The Supreme Court reversed the order sustaining the demurrer. The Court held that Section 2581 of the Administrative Code, which defines and punishes taking an interest in government contracts, was under Chapter 62 and applied to the Department of Mindanao and Sulu, not the Mountain Province. Act No. 2798 made only Chapters 63 and 64 of the Administrative Code applicable to the Mountain Province, not Chapter 62. While Section 2613 (under Chapter 63) was made applicable, it merely prescribes general procedure for suspension and removal and does not specify the causes, which could be other than those in Section 2581. Furthermore, the punishment under Section 2581 is disciplinary and imposed by administrative officials, distinct from the penal punishment imposed by judicial authority under Article 397. The two punishments are different in nature, and there was no legislative intent to repeal Article 397. The case was remanded for the accused to plead and for proceedings to continue under criminal procedure.