(10)

People v. San0ago (1922) | G.R. No. L-17584 | March 8, 1922 | Ponente : Romualdez, J.

Topic: Power to Define and Punish Crime

FACTS:

- Gregorio San;ago, having been prosecuted for the crime of homicide by reckless negligence which resulted in
the death of Porfirio Parondo, was sentenced to be imprisoned and to pay a fine. This led to the defendant’s
appeal.
- The accused was driving an automobile at the rate of 30 miles per hour on a highway 6 meters wide
- He had to pass a narrow space between a wagon and a heap of stones
- He did not take take precau;on as was required by his circumstance by slowing down
- His not proceeding with vigilant care ran over and killed a boy named Porfirio Parondo
- Appellant was prosecuted for homicide by reckless negligence
- Sentenced to suffer one year and one day of prision correccional
- And pay costs of trial
- Prosecu;on led him to APPEAL

ISSUES + RULING:

1. WON Act No. 2886, under which the complaint in the present case was filed, is VALID and CONSTITUTIONAL.
(YES)
a. Mul;ple amendments repeatedly made by the Philippine Commission as well as by our present Legislature
are perfectly within the scope of the powers of the said legisla;ve bodies as the successors of the Military
Government that promulgated General Orders No. 58.
b. By virtue of the Philippine Organic Act, since Act 2886 was not expressly repealed by Congress, it must be
presumed to have been impliedly approved by the body

2. WON the court had jurisdic;on over the appellant. (YES)

a. For prac;cal reasons, the procedure in criminal ma^ers is not incorporated in the Cons;tu;ons of the States,
but is le_ in the hand of the legislatures, so that it falls within the realm of public statutory law.
b. The Military government of the army of occupa;on, vested with legisla;ve func;ons, issued General Orders
No. 58, which is limited to criminal procedure and has the inten;on to give its provision the effect of law in
criminal ma^ers.
c. The legisla;ve powers of the Military government were transferred to the Philippine commission which later
on would give rise to the Philippine Senate and House of Representa;ves which effec;vely succeeded the
Military Government which promulgated General Order No. 58
d. The Philippine Legislature is empowered to legislate on ma[ers rela0ng to criminal procedure by virtue of
sec0on 7 of Jones Law:

“That the legisla;ve authority herein provided shall have power when not inconsistent with this Act, by due
enactment to amend, alter, modify, or repeal any law, civil, or criminal….”

The sentence appealed from is hereby affirmed, the appellant being furthermore sentenced to the accessory
penal;es prescribed in ar;cle 61 of the Penal Code, and to indemnify the heirs of the deceased in the sum of P1,000
and to the payment of the costs of both instances. So ordered.