CASE G.R. No. L-49

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Lesson:

Types of government: de jure vs. de facto

CASE:

WILLIAM F. PERALTA vs.

THE DIRECTOR OF PRISONS

G.R. No. L-49 November 12, 1945

Caption:

Title: WILLIAM F. PERALTA vs.

THE DIRECTOR OF PRISONS

Citation:

G.R. No. L-49 November 12, 1945

Petitioner:

WILLIAM F. PERALTA

Respondent:

THE DIRECTOR OF PRISONS

Ponente:

FERIA, J.

Facts:

 WILLIAM F. PERALTA, a member of the Metropolitan Constabulary of Manila charged with the
supervision and controlof the production, procurement and distribution of goods and other necessaries
as defined in section 1 of Act No. 9of the National Assembly of the so-called Republic of the
Philippines, was prosecuted for the crime of robbery asdefined and penalized by section 2 (a) of Act
No. 65 of the same Assembly. He was found guilty and sentenced tolife imprisonment, which he
commenced to serve on August 21, 1944, by the Court of Special and ExclusiveCriminal Jurisdiction,
created in section 1 of Ordinance No. 7 promulgated by the President of the so-called Republicof the
Philippines, pursuant to the authority conferred upon him by the Constitution and laws of the said
Republic.And the procedure followed in the trial was the summary one established in Chapter II of
Executive Order No. 157 ofthe Chairman of the Executive Commission, made applicable to the trial
violations of said Act No. 65 by section 9thereof and section 5 of said Ordinance No. 7
Issues:

 Whether or not the provisions of Ordinance No. 7 are violative of the fundamental laws of the
Commonwealth of the Philippines, hence; the petitioner has been deprived of his constitutional
rights?
 Whether or not the penalties incurred to the petitioner are more severe than the penalties
provided in Revised Penal Code?

Ruling:

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