GR 42574; (December, 1935) (Digest)
G.R. No. 42574 , December 12, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. NGAN TE, defendant-appellant.
FACTS
The appellant, Ngan Te, was arrested by customs employees in Manila on March 17, 1934, while about to board a boat bound for China. He appeared nervous, prompting a search of his person. Concealed inside his specially made shoes, authorities found U.S. gold money amounting to P3,480 and eight pieces of foreign currency. The appellant admitted he intended to export the money to China and had no license to do so. He was convicted by the Court of First Instance of Manila for violating Section 4 of the U.S. Gold Reserve Act of January 30, 1934, and sentenced to pay a fine with forfeiture of the gold.
ISSUE
Whether the appellant can be validly convicted of a frustrated violation of the Gold Reserve Act based on the proven facts.
RULING
No. The Supreme Court acquitted the appellant. The Court held that Section 4 of the Gold Reserve Act penalizes only the consummated act of exporting gold without a license, not an attempt or frustrated exportation. The Act itself does not penalize the attempt as a separate offense. The Court rejected the prosecution’s argument that the Revised Penal Code could be applied to convict for a frustrated violation, as the Philippine Legislature cannot extend the scope of an Act of Congress beyond its intended terms, especially since the Act reserved Congress’s right to alter or amend it. However, the Court ordered the forfeiture of the U.S. gold money to the proper authority as provided under the Act, while the other foreign currency was ordered returned to the appellant.
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