G.R. No. 44954; May 31, 1938
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SIMEON CAPULE, defendant-appellant.

FACTS

The defendant, Simeon Capule, was the president and manager of the Orient Protective Association, a non-stock corporation registered as a mutual benefit relief society. After amending its articles to change its name to “Orient Protective Assurance Association,” the Acting Insular Treasurer advised that the use of the word “assurance” was unauthorized and, following an investigation revealing irregularities, revoked its license effective November 24, 1934. The revocation letter required the association to show cause within sixty days why the license should be renewed. The defendant requested reconsideration and filed a civil case to enjoin the revocation. Despite the revocation, the defendant continued transacting business for the association. The Insular Treasurer, after the sixty-day period without satisfactory compliance, reported the revocation to the Secretary of Finance.

ISSUE

Whether the revocation of the association’s license was already final, thereby making the defendant’s subsequent transactions unlawful under section 1633 of the Revised Administrative Code, as amended.

RULING

Yes, the revocation was final. The Supreme Court held that under section 1633, the revocation of a license is immediate and conditional. The condition is resolutory: if within sixty days the association shows convincing cause for renewal, the revocation becomes without effect and the license is renewed. Since the defendant failed to provide a satisfactory explanation within the sixty-day period, the revocation became final. The pendency of the civil case did not affect the finality of the revocation for purposes of the criminal violation. The judgment of conviction was affirmed.

AI Generated by Armztrong.