SUBJECT: TOPIC: Date Made: Digest Maker

Consti 2 Involuntary April 24, 2016 Juvy
CASE NAME: U.S. vs Pompeya
PONENTE: J. Johnson Case Date: August 6, 1915
Detailed Facts:
 The acting prosecuting attorney of the Province of Iloilo charged Silvestre Pompeya
with violation of the municipal ordinance of Iloilo, on the subject of patrol duty,
Executive Order No. 1, based on section 40 (m) of the Municipal Code by failing to
render service on patrol duty, an act performed in violation of the law.
 The defendant, through his undersigned attorneys, demurs to the complaint filed in
this case on the ground that the acts charged therein do not constitute a crime.
(A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed
by an opposing party.)
 The municipal ordinance alleged to be violated is unconstitutional because it is
repugnant to the Organic Act of the Philippines, which guarantees the liberty of the
 Section 40 of Act No. 82 (the Municipal Code) relates to the power of municipal
councils. Act No. 1309 amends said section (section 40, paragraph "m") which
reads as follows: "(m)With the approval of the provincial governor, when a province
or municipality is infested with ladrones or outlaws (the municipal council is

"To authorize the municipal president to require able-bodied male
residents of the municipality, between the ages of eighteen and fifty
years, to assist, for a period not exceeding five days in any one month, in
apprehending ladrones, robbers, and other lawbreakers and suspicious
characters, and to act as patrols for the protection of the municipality, not
exceeding one day in each week. The failure, refusal, or neglect of any such
able-bodied man to render promptly the service thus required shall be
punishable by a fine not exceeding one hundred pesos or by imprisonment for not
more than three months, or by both such fine and imprisonment, in the discretion
of the court: Provided, That nothing herein contained shall authorize the municipal
president to require such service of officers or men of the Army of Navy of the
United States, civil employees of the United States Government, officers and
employees of the Insular Government, or the officers or servants of companies or
individuals engaged in the business of common carriers on sea or land, or priests,
ministers of the gospel, physicians, practicantes, druggists or practicantes de
farmacia, actually engaged in business, or lawyers when actually engaged in court

(1)Whether or not said law is in violation of the provisions of the Philippine Bill in
depriving citizens of their rights therein guaranteed (involuntary servitude) -NO
(2)Whether or not stated in the complaint are sufficient to show a cause of action
under the said law - NO
(1) NO, the power exercised under the provisions of Act No. 1309 falls

BLOCK D 2019 1

Ruling: Ordinance was constitutional Other Opinions: None BLOCK D 2019 2 . they might command all the male inhabitants of a certain age to assist them. This was a right well recognized at common law. A complaint based upon such a law. must show that the person charged belongs to the class of persons to which the law is applicable. There must be some just and reasonable ground. (no standing) The persons liable for the service mentioned in the law cannot be called upon at the mere whim or caprice of the president. because it does not show (a) that the defendant was a male citizen of the municipality. in order to be free from objection under a demurrer. The law does not apply to all persons. (b) that he was an able-bodied citizen. at least sufficient in the mind of a reasonable man. within the police power of the state and that the state was fully authorized and justified in conferring the same upon the municipalities of the Philippine Islands and that. Act No. before the president can call upon the persons for the service mentioned in the law. therefore. or town who were charged with the maintenance of peace and good order were bound. those persons in the state. the court would be unable to impose the punishment provided for by law. Even admitting all of the facts in the complaint in the present case. Said Act attempts simply to designate the cases and the method when and by which the people of the town (pueblo) may be called upon to render assistance for the protection of the public and the preservation of peace and order. the provisions of said Act are constitutional and not in violation nor in derogation of the rights of the persons affected thereby. For that purpose. It is an exercise of the police power of the state. county. Under "posse comitatus" (power of the county). ex oficio. The law applies to special persons and special conditions. the defendant wasn’t able to show that he belongs to the class of persons to which the law is applicable. nor (d) that conditions existed which justified the president of the municipality in calling upon him for the services mentioned in the law. (c) that he was not under 18 years of age nor over 55 [50]. The law does not apply to every condition. (2)NO. to pursue and to take all persons who had violated the law. 1309 is a statutory recognition of such common-law right.