US v Pons

GR L-11530. August 12, 1916.

J. Trent

Plaintiff-appelle: The United States

Defendant-Appellant: Juan Pons

FACTS:
 1915, Apr. 10: Gabino Beliso, Juan Pons, and Jacinto Lasarte conspired and plotted among themselves to bring into Manila
from Spain on board the steamer Lopez y Lopez 520 tins containing 125 kg of opium of the value of P62,400.
 Pons and Beliso were tried separately (Lasarte had not yet been arrested) and were found guilty of the crime of illegal
importation of opium. Pons – sentenced to Bilibid Prison for 2 years, to a fine of P1000, to suffer the corresponding subsidiary
imprisonment in case of insolvency, and to the payment of one-half o the costs. Beliso – same except with a fine of P3000.
Both appealed, but Beliso later withdrew his appeal, and the judgment as to him has become final.
 Contentions for the reversal:
o The court erred in denying the appellant’s motion (dated May 6, 1915 and reproduced on July 27, 1915).
o The court erred in finding that the legal evidence of record establishes the guilt of Juan Pons beyond a reasonable
doubt.
The motion alleged and offered to prove:
o The last day of the special session of the Philippine Legislature for 1914 was February 28.
o Act No. 2381, under which Pons must be punished if found guilty, was passed/approved on March 1.
o Therefore, Act 2381 was null and void.
 The date of adjournment of the Legislature involves two questions:
o How would the date be proved, by the legislative journals or by extraneous evidence.
o Whether the court can take judicial notice of the journals.

ISSUES:
 W/N the dates of adjournment of the Legislature can be proved through the legislative journals
 W/N the court can take judicial notice of the journals

HOLDING:
 W/N the dates of adjournment of the Legislature can be proved through the legislative journals. Yes.
o Act 1679: the Secretary of Commission shall perform the duties which would properly be required of the Recorder of
the Commission
o Rules 15 and 16, Legislative Procedure of the Philippine Commission: the proceedings of the Commission shall be
briefly and accurately stated on the journal and it shall be the duty of the secretary to keep a correct journal of the
proceedings of the Commission
o Page 793, Volume 7, Commission Journal for the ordinary and special sessions of the Third Philippine Legislature:
The journal clearly state that the Legislature adjourned at 12 midnight on February 28, 1914.
o On whether Act 2381 is conclusive evidence as to the date when the same Act was passed, it is not; the court’s going
beyond the journals would be an invasion of an independent department of government and to interfere with the
powers of the Legislative.
 W/N the court can take judicial notice of the journals. Yes.
o Section 275 of the Code of Civil Procedure: the existence of the official acts of the legislative, executive, and judicial
departments of the United States and of the Philippine Islands shall be judicially recognized by the court without the
introduction of proof; but the court may receive evidence upon any of the subjects in this section states, when it shall
find it necessary for its own information, and may resort for its aid to appropriate books, documents, or evidence
o Section 313 (as amended by Sec. 1 of Act 2210) of the Code of Civil Procedure: Official documents of the proceedings
of the Philippine Commission or any legislative body provided for the Philippines may be proved by the journals of
those bodies, by published statues or resolutions, or by copies certified by the clerk or secretary or printed by their
order
However, because of the facts of the case and the statements of Pons during the investigation and trial, his guilt is beyond any
question of a doubt.

RULING: Petition dismissed, judgement appealed from is affirmed.