G.R. No. L-792. May 14, 1949
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. E. C. CAÑADA, DEFENDANT AND APPELLANT.
PARAS, J.:
defendant and appellant was convicted by the municipal court of the City of
Zamboanga of a violation of Executive Order No. 24, as amended by Executive
Order No. 28, of the President of the Philippines, and sentenced to pay a fine
of one hundred pesos, with subsidiary imprisonment in case of insolvency, plus
the costs. Upon appeal to the Court of First Instance of Zamboanga, the
appellant filed a motion to quash the information, on the ground that, under
Executive Order No. 62, of August 14, 1945, amending Executive Order No. 24, as
amended by Executive Order No. 28, a comb is not included among the articles
with fixed ceiling prices, and that as the later Executive Order is faborable to
the appellant, the same should be applied. This motion ot quash was denied. Upon
arraignment, the appellant entered a plea of guilty and was sentenced to fifteen
days of arresto menor and to pay the costs. The appellant has again
appealed, although his counsel merely argues that the appealed judgment should
be modified so as to impose only a minimum fine.
Upon the other hand, the Solicitor General recommends appellant’s acquittal.
This recommendation is correct. We agree with the Solicitor General that the
appellant cannto be convicted of a violation of Executive Order No. 24, as
amended by Executive Orders Nos. 26 and 28, because a comb is not included in
the list of commodities for whcih maximum prices are fixed therein. It is true
that there are certain items in Executive Order No. 62 (which repeals all
executive orders in conflict therewith) which may be construed as comprising
combs, but appellant’s conviction cannot be predicated on said Executive Order
No. 62 which was promulgated only on August 14, 1945, or subsequent to the sale
by the appellant, on June 19, 1945, of the two combs in question. Besides, the
information charges a violation of Executive Order No. 24, as amended by
Executive Order No. 28.
The appealed judgment is therefore reversed and the appellant acquitted, with
costs de oficio. So ordered.
Moran, C. J., Ozaeta, Feria, Pablo, Perfecto, Bengzon, Tuason,
Montemayor, and Reyes, JJ., concur.