G.R. No. L-9732; February 12, 1915
THE UNITED STATES, plaintiff-appellee, vs. LAZARO H. GONZALES, defendant-appellant.

FACTS:
Lazaro H. Gonzales, the municipal vice-president of Tuy, Batangas, owned a bovine work animal that died on October 17, 1912. Despite a warning from the municipal sanitary inspector to bury the carcass, Gonzales had the animal butchered and sold the meat to the public on October 17 and 18, 1912. Several persons who consumed the meat suffered from stomach pains and intestinal disorders, and the cooked meat emitted a bad odor. The animal had died from a suspected snake bite or disease, not by slaughter. Gonzales was charged with the crime of “selling meat injurious to the public health” under Article 341 of the Revised Penal Code. After trial, the Court of First Instance of Batangas convicted him and sentenced him to ten months and one day of prision correccional, a fine, and accessories. Gonzales appealed, contending that Article 341 of the Penal Code had been repealed by Acts No. 1655 (the Pure Food and Drugs Act) and No. 1760 of the Philippine Commission.

ISSUE:
Whether Article 341 of the Penal Code, which punishes the sale of substances necessarily injurious to health, was repealed by Acts No. 1655 and/or No. 1760 of the Philippine Commission.

RULING:
No. The Supreme Court held that neither Act No. 1655 nor Act No. 1760 repealed Article 341 of the Penal Code. The Court explained that while both the Penal Code and Act No. 1655 aim to protect public health, their scopes are distinct. Act No. 1655 (the Pure Food and Drugs Act) primarily regulates the manufacture, importation, exportation, and traffic in adulterated or misbranded foods and drugs, particularly concerning interstate and foreign commerce. Its provisions are general and target products entering the stream of commerce. In contrast, Article 341 of the Penal Code is a local police regulation that directly prohibits and punishes the specific act of selling, within a locality, decomposed or putrid substances (like meat from an animal that died of disease) that are necessarily injurious to health. The acts are compatible, and Act No. 1655 does not cover the purely local sale of unmanufactured, decomposed products as in this case. Act No. 1760 , which authorizes cooperation in establishing municipal slaughterhouse and inspection systems, is harmonious with Article 341 as it also aims to prevent the sale of unwholesome meat. Therefore, Article 341 remained in force and applicable.

The Court found Gonzales guilty under Article 341. However, it modified the penalty, ruling that the correct penalty in its medium degree is one year and one day of prision correccional (not ten months and one day). The judgment of conviction was AFFIRMED as modified.