No person shall be imprisoned for debt or nonpayment of a poll tax.
Facts:
Linsangan was prosecuted for non-payment of the cedula or poll tax under section 1439, in connection with section 2718, of the Revised Administrative Code. After due trial, he was sentenced to suffer imprisonment for five days, and to pay the costs. From this judgment he appealed, alleging that the trial court erred in not declaring said sections 1439 and 2718 of the Revised Administrative Code unconstitutional and void.
Held:
This case was tried and decided in the court below before the Constitution of the Philippines took effect. But while this appeal was pending, the said Constitution became effective, and, section 1, clause 12, of Article III thereof provides that "no person shall be imprisoned for debt or nonpayment of a poll tax." This introduces a new element into the case, for while our previous organic law provided that no person should be imprisoned for debt, it contained no express provision against imprisonment for non-payment of a poll or cedula tax.
Turning again to the particular question raised in this case, section 2 of Article XV of the Constitution, provides:
All laws of the Philippine Islands shall continue in force until the inauguration of the Commonwealth of the Philippines; thereafter, such laws shall remain operative, unless inconsistent with this Constitution, until amended, altered, modified, or repealed by the National Assembly, and all references in such laws to the Government or officials of the Philippine Islands shall be construed, in so far as applicable, to refer to the Government and corresponding officials under this Constitution.
It seems too clear to require demonstration that section 2718 of the Revised Administrative Code is inconsistent with section 1, clause 12, of Article III of the Constitution, in that, while the former authorizes imprisonment for nonpayment of the poll or cedula tax, the latter forbids it. It follows that upon the inauguration of the Government of the Commonwealth, said section 2718 of the Revised Administrative Code became inoperative, and no judgment of conviction can be based thereon. (People vs. Ambrosio Linsangan, G.R. No. L-43290, December 21, 1935)
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