Crim Cases Compiled Art1-3
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Transcript of Crim Cases Compiled Art1-3
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SECOND DIVISION
[G.R. Nos. 159418-19. December 10, 2003]
NORMA DE JOYA, petitioner, vs. !E JA"# $ARDEN
O% &AANGA' ("Y AND !ON. R)&EN A.
GA#*E+ A' RE'"D"NG J)DGE O% &AANGA'
("Y M)N"("A# R"A# (O)R "N (""E',
&RAN(! ", respondents.
D E ( " ' " O N
(A##EJO, 'R., J.
This is a petition for a writ of habeas corpus led by
Norma de Joya praying for her release from the Batangas
City Jail on the laim that her detention was illegal!
The "nteedents
The petitioner was harged separately with #iolations
of Batas $ambansa Blg! %% before the &'niipal Trial
Co'rt In Cities in Batangas City! The do(et n'mbers and
a'satory portion of eah of the Informations reads)
Criminal Case No! %*+,+
That on or abo't September %,- .//+ at Batangas City-
$hilippines- and within the 0'risdition of this 1onorable
Co'rt- the abo#e2named a'sed- well2(nowing that she
does not ha#e f'nds in or redit with the Solid Ban(-
Batangas Branh- Batangas City- did then and there-
wilf'lly- 'nlawf'lly and felonio'sly draw- ma(e and iss'e
to 3lor Catapang de Tenorio- Solid Ban( Che( No! 4+4%/5
postdated to Otober %,- .//+ in the amo'nt of ONE
16ND7ED 3I3T8 T1O6S"ND 9$.*4-444!44: $ESOS-$hilippine C'rreny- to apply on ao'nt or for #al'e- b't
when said he( was presented for f'll payment with the
drawee ban( within a period of ninety 9/4: days from the
date of the he(- the same was dishonored by the
drawee ban( on the gro'nd ;ao'nt losed-< whih in
e=et is e#en more than a dishonor for ins'>ieny of
f'nds- and despite notie of dishonor and demands made
'pon her to ma(e good her he( by ma(ing proper
arrangement with the drawee ban( or pay her obligation
in f'll diretly to 3lor Catapang de Tenorio- a'sed failed
and ref'sed to do so- whih ats onstit'te a lear
#iolation of the aforeited law- to the damage and
pre0'die of transation in ommerial do'ments in
general and of 3lor Catapang de Tenorio in parti'lar in
the aforementioned amo'nt!
CONT7"78 TO ?"@!A.
Criminal Case No! %*55
That on or abo't Otober .5- .//+ at Batangas City-
$hilippines- and within the 0'risdition of this 1onorable
Co'rt- the abo#e2named a'sed- well2(nowing that she
does not ha#e f'nd in or redit with the Se'rity Ban( and
Tr'st Company- Batangas Branh- Batangas City- did then
and there- wilf'lly- 'nlawf'lly and felonio'sly draw- ma(e
and iss'e to 7es'rreion T! Castillo- Se'rity Ban( and Tr'st Company Che( No! 4,... postdated to Otober
%+- .//+ in the amo'nt of T@O 16ND7ED T@ENT823IVE
T1O6S"ND $ESOS 9$%%*-444!44:- $hilippine C'rreny- to
apply on ao'nt or for #al'e- b't when said he( was
presented for f'll payment with the drawee ban( within a
period of ninety 9/4: days from the date of the he(- the
same was dishonored by the drawee ban( on the gro'nd
of ;ao'nt losed-< whih in e=et is e#en more than a
dishonor for ins'>ieny of f'nds- and despite notie of
dishonor and demands made 'pon her to ma(e good her
he( by ma(ing proper arrangement with the drawee
ban( or pay her obligation in f'll diretly to 7es'rreion
T! Castillo- a'sed failed and ref'sed to do so- whih ats
onstit'te a lear #iolation of the aforeited law- to the
damage and pre0'die of transation in ommerial
do'ments in general and of 7es'rreion T! Castillo in
parti'lar in the aforementioned amo'nt!
CONT7"78 TO ?"@!A%
@hen arraigned in both ases- the pet
assisted by o'nsel- pleaded not g'ilty! @hile tri
going on- the petitioner 0'mped bail! No e#iden
thereby add'ed in her defense in any of the two a
On Deember .+- .//*- the trial o'rt prom'
its deision in Criminal Case No! %*+,+! The pe
and her o'nsel failed to appear despite d'e noti
deretal portion of the deision reads as follows)
@1E7E3O7E- this Co'rt nds the a'sed Norma d
g'ilty of the rime of Violation of Batas $ambansa B
and hereby sentenes said a'sed to s'=
imprisonment of one 9.: year and to indemn
o=ended party- 3lor Catapang Tenorio- in the s'm
16ND7ED 3I3T8 T1O6S"ND 9$.*4-444!44:
$hilippine C'rreny!
SO O7DE7ED!A
On &arh %.- .//5- the deision in Criminal Ca
%*55 was li(ewise prom'lgated in absentia
deretal portion of the said deision reads)
@1E7E3O7E- the $rose'tion ha#ing satisfa
established the g'ilt of the a'sed beyond reaso
do'bt- this Co'rt hereby sentenes herein2a'sed
de Joya of imprisonment of ONE 9.: 8E"7 and
omplainant 7es'rreion Castillo of the amo'nt o
16ND7ED T@ENT823IVE T1O6S"ND 9$%%*-444!44:
by way of damages!
SO O7DE7ED!A+
The petitioner remained at large and no appe
led from any of the said deisions! In the meantimCo'rt iss'ed S'preme Co'rt "dministrati#e Cir'
.%2%444 on No#ember %.- %444 en0oining all o'r
0'dges onerned to ta(e notie of the r'ling and p
the Co'rt en'niated in Vaca v. Cour
AppealsA* and Lim v. PeopleA with regard t
imposition of the penalty for #iolations of B!$! Blg! %
http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn1http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn2http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn3http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn4http://sc.judiciary.gov.ph/jurisprudence/1998/nov%201998/131714.htmhttp://sc.judiciary.gov.ph/jurisprudence/1998/nov%201998/131714.htmhttp://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn5http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn5http://sc.judiciary.gov.ph/jurisprudence/2000/sept2000/130038.htmhttp://sc.judiciary.gov.ph/jurisprudence/2000/sept2000/130038.htmhttp://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn6http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn2http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn3http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn4http://sc.judiciary.gov.ph/jurisprudence/1998/nov%201998/131714.htmhttp://sc.judiciary.gov.ph/jurisprudence/1998/nov%201998/131714.htmhttp://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn5http://sc.judiciary.gov.ph/jurisprudence/2000/sept2000/130038.htmhttp://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn6http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn1
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"fter #e years- the petitioner was nally arrested
while she was applying for an NBI learane! She was
forthwith detained at the Batangas City Jail on Deember
- %44%! On J'ly %,- %44- the petitioner led an 'rgent
motion with the &'niipal Trial Co'rt of Batangas City
as(ing the o'rt to apply SC "dmin! Cir'lar No! .%2%444
retroati#ely p'rs'ant to "rtile %% of the 7e#ised $enal
Code and to order her release from detention! The p'bli
prose'tor opposed the motion! In an Order dated
"'g'st .*- %44- the trial o'rt denied the motion on
three gro'nds) 9a: its deision on#iting the petitioner of #iolation of B!$! Blg! %% had long beome nal and
eFe'toryG hene- o'ld no longer be amended to hange
the penalty imposed thereinG 9b: the SC Cir'lar sho'ld be
applied prospeti#elyG and 9: the SC Cir'lar did not
amend B!$! Blg! %%- a s'bstanti#e law- b't merely
eno'rages trial o'rt 0'dges to ha#e a 'niform
imposition of ne!
1ene- the petition at bar!
The petitioner posits that SC "dmin! Cir'lar No! .%2
%444 deleted the penalty of imprisonment for #iolation of
B!$! Blg! %% and allows only the imposition of a ne! The
trial o'rt was mandated to apply SC "dmin! Cir'lar No!
.%2%444 retroati#ely onformably with "rtile %% of the
7e#ised $enal Code iting the r'ling of this Co'rt
in United States v. Pacrose!A5 The petitioner prays that
the Co'rt delare her detention illegal and order her
release from the Batangas City Jail!
The O>e of the Soliitor Heneral 9OSH: opposed the
petition ontending that)
.: T1E T@O 9%: J6DH&ENTS O3 CONVICTION
"H"INST T1E $ETITIONE7 1"D ?ONH
"TT"INED 3IN"?IT8 "ND CO6?D NO
?ONHE7 BE &ODI3IED!
%: "D&INIST7"TIVE CI7C6?"7 NO! .%2%444
"S &ODI3IED B8 "D&INIST7"TIVE
CI7C6?"7 NO! .2%44. DID NOT DE?ETE
T1E $EN"?T8 O3 I&$7ISON&ENT IN B$ %%
C"SES!A,
The OSH ited the r'ling of this Co'rt in Abarquez v.
Court of Appeals!A/
The petition has no merit!
Setion +- 7'le .4% of the 7'les of Co'rt- as
amended- pro#ides that the writ of habeas corpus is not
allowed if the person alleged to be restrained of his
liberty is in the 'stody of an o>er 'nder proess iss'ed
by a o'rt or 0'dge or by #irt'e of a 0'dgment or order of
a o'rt of reord)
Se! +! When writ not allowed or dischared authorized.
If it appears that the person alleged to be restrained of
his liberty is in the 'stody of an o>er 'nder proess
iss'ed by a o'rt or 0'dge or by #irt'e of a 0'dgment or
order of a o'rt of reord- and that the o'rt or 0'dge had
0'risdition to iss'e the proess- render the 0'dgmentG or
ma(e the order- the writ shall not be allowedG or if the
0'risdition appears after the writ is allowed- the person
shall not be disharged by reason of any informality or
defet in the proess- 0'dgment- or order! Nor shall
anything in this r'le be held to a'thorie the disharge of
a person harged with or on#ited of an o=ense in the$hilippines- or of a person s'=ering imprisonment 'nder
lawf'l 0'dgment!
In this ase- the petitioner was arrested and detained
p'rs'ant to the nal 0'dgment of the &'niipal Trial Co'rt
of Batangas City- on#iting her of #iolation of B!$! Blg!
%%! Irrefragably then- the petitioner is not entitled to a
writ of habeas corpus! $etitioner
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.! "dministrati#e Cir'lar No! .%2
%444 does not remo#e
imprisonment as an alternati#e
penalty for #iolations of B!$! Blg!
%%G
%! The J'dges onerned may- in the
eFerise of so'nd disretion- and
ta(ing into onsideration the
pe'liar ir'mstanes of eah
ase- determine whether theimposition of a ne alone wo'ld
best ser#e the interests of 0'stie
or whether forbearing to impose
imprisonment wo'ld depreiate
the serio'sness of the o=ense-
wor( #iolene on the soial order-
or otherwise be ontrary to the
imperati#es of 0'stieG
! Sho'ld only a ne be imposed and
the a'sed be 'nable to pay the
ne- there is no legal obstale to
the appliation of the 7e#ised
$enal Code pro#isions on
s'bsidiary imprisonment!A.%
B!$! Blg! %% pro#ides for alternati#e penalties of ne
or imprisonment or both ne and imprisonment as
follows)
SECTION .! Chec"s without su#cient funds. "ny person
who ma(es or draws and iss'es any he( to apply on
ao'nt or for #al'e- (nowing at the time of iss'e that he
does not ha#e s'>ient f'nds in or redit with the drawee
ban( for the payment of s'h he( in f'll 'pon its
presentment- whih he( is s'bseK'ently dishonored by
the drawee ban( for ins'>ieny of f'nds or redit orwo'ld ha#e been dishonored for the same reason had not
the drawer- witho't any #alid reason- ordered the ban( to
stop payment- shall be p'nished by imprisonment of not
less than thirty days b't not more than one 9.: year or by
a ne of not less than b't not more than do'ble the
amo'nt of the he( whih ne shall in no ase eFeed
two h'ndred tho'sand pesos- or both s'h ne and
imprisonment at the disretion of the o'rt!A.
The o'rts are gi#en the disretion to hoose
whether to impose a single penalty or on0'nti#e
penaltiesG that is- whether to impose a penalty of ne- or
a penalty of imprisonment only- or a penalty of both ne
and imprisonment!
In pro#iding for alternati#e penalties in B!$! Blg! %%-
Congress too( into ao'nt the prinipal ob0eti#es of thelaw- namely- the prohibition on the ma(ing of worthless
he(s and p'tting them in ir'lation! The pratie is
prohibited by law bea'se of its deleterio's e=ets on
p'bli interest! The e=ets of the inrease of worthless
he(s transend the pri#ate interest of the parties
diretly in#ol#ed in the transation and to'hes the
interest of the omm'nity at large! The mishief it
reates is not only a wrong to the payee or holder- b't
also an in0'ry to the p'bli! The harmf'l pratie of
p'tting #al'eless ommerial papers in ir'lation
m'ltiplied a tho'sand2fold an #ery well poll'te the
hannels of trade and ommere- in0're the ban(ing
system and e#ent'ally h'rt the welfare of soiety and the
p'bli interest! The law p'nishes the at not as an
o=ense against property b't an o=ense against p'bli
order!A.+
1owe#er- in imposing penalties for rimes- the o'rts
m'st bear in mind that $hilippine penal law is based on
the Spanish penal ode and has adopted feat'res of
the os///s eor of riminal law! The positi#ist
theory states that the basis for riminal liability is the s'm
total of the soial and eonomi phenomena to whih the
o=ense is eFpressed! The adoption of the aspets of the
theory is eFemplied by the indeterminate sentene law-
"rtile +- paragraph % of the 7e#ised $enal Code
9impossible rime:- "rtile , and "rtiles .. to .+- not tomention "rtile of the 7e#ised $enal Code 9penalties
for heino's and K'asi2heino's rimes:! $hilippine penal
law loo(s at the on#it as a member of soiety! "mong
the important fators to be onsidered in determining the
penalty to be imposed on him are 9.: his relationship
towards his dependents- family and their relationship with
himG and 9%: his relationship towards soiety at lar
the State! The State is onerned not only
imperati#e neessity of proteting the soial organ
against the riminal ats of destr'ti#e indi#id'
also in redeeming the indi#id'al for eonomi 'sef
and other soial ends!A.* The p'rpose of penaltie
se're 0'stie! The penalties imposed m'st not o
retrib'ti#e b't m'st also be reformati#e- to gi
on#it an opport'nity to li#e a new life and re0oin s
as a prod'ti#e and i#i2spirited member
omm'nity! The o'rt has to onsider not onprimary elements of p'nishment- namely- the
responsibility of the on#it- the relation of the on
the pri#ate omplainant- the intention of the on#i
temptation to the at or the eF'se for the rime
done by a rih man in the insolene of his wealth o
poor man in the eFtremity of his needL The o'
also ta(e into ao'nt the seondary eleme
p'nishment- namely- the reformation of the o=end
pre#ention of f'rther o=enses by the o=ende
repression of o=enses in others!A. "s 7o'ssea'
rimes an be thoro'ghly repressed only by a sys
penalties whih- from the benignity they breathe-
rather than to soften than to inMame those on who
are imposed!A.5 There is also merit in the #iewp'nishment inMited beyond the merit of the o=ens
m'h p'nishment of innoene!A.,
In this ase- e#en if the Co'rt applies SC "
Cir'lar No! .%2%444- as re#ised- retroati#el
petition m'st ne#ertheless be dismissed! The pe
did not o=er any e#idene d'ring trial! The 0'dgm
the o'rt beame nal and eFe'tory 'pon her fai
appeal therefrom! @orse- the petitioner remai
large for #e long years! @ere it not for her atte
se're an NBI learane- she wo'ld ha#e been a
el'de the long arm of the law!
"N #"G! O% A## !E %OREGO"NG- the pet
DIS&ISSED for la( of merit!
'O ORDERED.
http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn12http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn13http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn14http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn15http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn16http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn17http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn18http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn12http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn13http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn14http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn15http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn16http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn17http://sc.judiciary.gov.ph/jurisprudence/2003/dec2003/159418.htm#_ftn18
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Puno$ %Chairman&$ 'uisumbin$ Austria(
)artinez$ and *ina$ ++.$ on'r.
7ep'bli of the $hilippines
')REME (O)R
&anila
EN B"NC
DECISION
&arh ,- ./%%
H!7! No! .5*,+
!E EO#E O% !E !"#""NE' "'#AND'- pl
appellee-
#s!
GREGOR"O 'AN"AGO- defendant2appellant
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L. Porter ,amilton for appellant.
Actin Attorne-(eneral *uason for appellee.
Rom67e, J.
1a#ing a'sed the death of $orrio $arondo- a boy 5
years old- by stri(ing him with a'tomobile that he was
dri#ing- the herein appellant was prose'ted for the rime
of homiide by re(less negligene and was sentened to
s'=er one year and one day of prision orreional- and to
pay the osts of the trial!
Not agreeable with that sentene he now omes to this
o'rt alleging that the o'rt below ommitted fo'r errors-
to wit)
.! The trial o'rt erred in not ta(ing 0'diial notie of the
fat that the appellant was being prose'ted in
onformity with "t No! %,, of the $hilippine ?egislat're
and that the "t is 'nonstit'tional and ga#e no
0'risdition in this ase!
%! The lower o'rt erred in not dismissing the omplaint
after the presentation of the e#idene in the ase- if notbefore- for the reason that said "t No! %,, is
'nonstit'tional and the proeedings had in the ase
'nder the pro#isions of the "t onstit'te a prose'tion of
appellant witho't d'e proess of law!
! The o'rt a K'o erred in not nding that it la(ed
0'risdition o#er the person of the a'sed and o#er the
s'b0et2 matter of the omplaint!
+! The trial o'rt erred in nding the appellant g'ilty of
the rime harged and in sentening him to one year and
one day of prison orreional and to the payment of
osts!
@ith regard to the K'estions of fat- we ha#e to say that
we ha#e eFamined the reord and nd that the
onl'sions of the trial 0'dge- as ontained in his well2
written deision- are s'>iently s'stained by the
e#idene s'bmitted!
The a'sed was dri#ing an a'tomobile at the rate of 4
miles an ho'r on a highway meter wide-
notwithstanding the fat that he had to pass a narrow
spae between a wagon standing on one side of the road
and a heap of stones on the other side where the were
two yo'ng boys- the appellant did not ta(e the prea'tion
reK'ired by the ir'mstanes by slowing his mahine-
and did not proeed with the #igilant are that 'nder the
ir'mstanes an ordinary pr'dent man wo'ld ta(e in
order to a#oid possible aidents that might o'r- as
'nfort'nately did o'r- as his a'tomobile ran o#er theboy $orrio $arondo who was instantly (illed as the res'lt
of the aident!
These fats are so well established in the reords that
there annot be a shade of do'bt abo't them!
Coming now to the other assignments of error- it will be
seen that they deal with the f'ndamental K'estions as to
whether or not "t No! %,,- 'nder whih the omplaint
in the present ase was led- is #alid and onstit'tional!
This "t is atta(ed on ao'nt of the amendments that it
introd'es in Heneral Orders No! *,- the defense arg'ing
that the $hilippine ?egislat're was- and is- not a'thoried
to amend Heneral Orders No! *,- as it did by amending
setion % thereof bea'se its pro#isions ha#e the
harater of onstit'tional law! Said setion % pro#ides as
follows)
"ll prose'tions for p'bli o=enses shall be in the name of
the 6nited States against the persons harged with the
o=enses! 9H! O! No! *,- se! % :!
"t No! %,,- whih amends it- by #irt'e of whih the
$eople of the $hilippine Island is made the plainti= in this
information- ontains the following pro#isions in setion .)
SECTION .! Setion two of Heneral Orders- N'mbered
3ifty2eight- series of nineteen h'ndred- is hereby
amended to read as follows)
SEC! %! "ll prose'tions for p'bli o=enses shall be
name of the $eople of the $hilippine Islands again
persons harged with the o=ense!
?et 's eFamine the K'estion!
3or pratial reasons- the proed're in riminal ma
not inorporated in the Constit'tions of the States-
left in the hand of the legislat'res- so that it falls
the realm of p'bli stat'tory law!
"s has been said by Chief J'stie &arshall)
" onstit'tion- to ontain an a'rate detail of
S'bdi#isions of whih its great powers will admit-
all the means by whih they may be arrie
eFe'tion- wo'ld parta(e of a proliFity of a lega
and o'ld sarely be embraed by the h'man m
wo'ld probably ne#er be 'nderstood by the
9&
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This power of the States of the North "merian 6nion was
also granted to its territories s'h as the $hilippines)
The plenary legislati#e power whih Congress possesses
o#er the territories and possessions of the 6nited States
may be eFerised by that body itself- or- as is m'h more
often the ase- it may be delegated to a loal ageny-
s'h as a legislat're- the organiation of whih proeeds
'pon m'h the same lines as in the se#eral States or in
Congress- whih is often ta(en as a model- and whose
powers are limited by the Organi "tG b't within thesope of s'h at is has omplete a'thority to legislate- ! !
! and in general- to legislate 'pon all s'b0ets within the
polie power of the territory! 9, Cy!- %4*2%45!:
The powers of the territorial legislat'res are deri#ed from
Congress! By at of Congress their power eFtends to all
rightf'l s'b0ets of legislation not inonsistent with the
Constit'tion and laws of the 6nited StatesG and this
inl'des the power to dene and p'nish rimes! 9. C! J!-
%!:
"nd in the eFerise of s'h powers the military
go#ernment of the army of o'pation- f'ntioning as a
territorial legislat're- tho'ght it on#enient to establish
new r'les of proed're in riminal matters- by the
iss'ane of Heneral Orders No! *,- the preamble of whih
reads)
In the interests of 0'stie- and to safeg'ard the i#il
liberties of the inhabitants of these Islands- the riminal
ode of proed're now in fore therein is hereby
amended in ertain of its important pro#isions- as
indiated in the following en'merated setions!
9Emphasis o'rs!:
Its main p'rpose is- therefore- limited to riminal
proed're and its intention is to gi#e to its pro#isions thee=et of law in riminal matters! 3or that reason it
pro#ides in setion . that)
The following pro#isions shall ha#e the fore and e=et of
law in riminal matters in the $hilippine Islands from and
after the .*th day of &ay- ./44- b't eFisting laws on the
same s'b0ets shall remain #alid eFept in so far as
hereinafter modied or repealed eFpressly or by
neessary impliation!
3rom what has been said it learly follows that the
pro#isions of this Heneral Order do not the nat're of
onstit'tional law either by reason of its harater or by
reason of the a'thority that enated it into law!
It annot be said that it has aK'ired this haraterbea'se this order was made its own by the Congress of
the 6nited States for- as a mater of fat- this body ne#er
adopted it as a law of its own reation either before the
prom'lgation of "t No! %,,- herein dis'ssed- or- to o'r
(nowledge- to this date!
Sine the pro#isions of this Heneral Order ha#e the
harater of stat'tory law- the power of the ?egislat're to
amend it is self2e#ident- e#en if the K'estion is onsidered
only on priniple! O'r present ?egislat're- whih has
enated "t No! %,,- the s'b0et of o'r inK'iry- is the
legal s'essor to the &ilitary Ho#ernment as a legislati#e
body!
Sine the ad#ent of the "merian so#ereignty in the
$hilippines the legislati#e branh of o'r go#ernment has
'ndergone transformations and has de#eloped itself 'ntil
it attained its present form! 3irstly- it was the &ilitary
Ho#ernment of the army of o'pation whih- in
aordane with international law and pratie- was
#ested with legislati#e f'ntions and in fat did legislateG
afterwards- omplying with the instr'tions of $resident
&Pinley whih later were ratied by Congress 9se! . of
the "t of J'ly .- ./4%: the legislati#e powers of the
&ilitary Ho#ernment were transferred to the $hilippine
CommissionG then- 'nder the pro#isions of setion 5 of
the "t of Congress of J'ly .- ./4%- the $hilippine"ssembly was reated and it f'ntioned as a olegislati#e
body with the $hilippine Commission! 3inally- by #irt'e of
the pro#isions of setions .% of the "t of Congress of
"'g'st %/- ./.- (nown as the Jones ?aw- the $hilippine
Commission ga#e way to the $hilippine Senate- the
$hi lippine "ssembly beame the 1o'se of
7epresentati#es- and th's was formed the p
?egislat're omposed of two 1o'ses whih has e
the aforesaid "t No! %,,!
"s a matter of fat- "t No! %,, is not the rst la
amends Heneral Orders No! *,! The $h
Commission- at #ario's times- had amended it
enatment of laws among whih we may ite "t N
regarding preliminary in#estigation- "t No! ++4 r
to o'nsels de oio and "t No! */4 abo't preli
in#estigations by 0'sties of the peae of proapitals! ?ater on- and before the enatment of "
%,,- herein ontro#erted- the ?egislat're ha
amended this Heneral Orders No! *, by the enatm
"t No! %55 regarding appeals to the S'preme C
a'ses originating in the 0'stie of the peae o'r
by "t No! %54/ whih deals with the eFl'sion of a
persons from the information in order to be 'tili
state
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territorial legislat'res ha#e the power to dene and
p'nish rimes- a power also possessed by the $hilippine
?egislat're by #irt'e of the pro#isions of setions 5-
already K'oted- of the Jones ?aw! These territorial
go#ernments are loal agenies of the 3ederal
Ho#ernment- wherein so#ereignty residesG and when the
territorial go#ernment of the $hilippines prose'tes and
p'nishes p'bli rimes it does so by #irt'e of the
a'thority delegated to it by the s'preme power of the
Nation!
This delegation may be made either eFpressly as in the
ase of the se#eral States of the 6nion and inorporated
territories li(e $orto 7io and 1awaii- or taitly as is the
ase with the $hilippines- whih is an organied territory
tho'gh not inorporated with the 6nion! 9&alolm-
$hilippine Constit'tional ?aw- .,.2%4*!:
This tait delegation to o'r Ho#ernment needs no
demonstration! "s a matter of fat- the rimes ommitted
within o'r territory- e#en before setion % of Heneral
Orders No! *, was amended- were prose'ted and
p'nished in this 0'risdition as is done at presentG b't
then as now the repression of rimes was done- and is still
done- 'nder the so#ereign a'thority of the 6nited States-
whose name appears as the heading in all pleadings in
riminal a'ses and in other 0'diial papers and notarial
ats!
The 'se of s'h a heading is presribed for i#il ases in
form . of setion 5,+ of the Code of Ci#il $roed'reG in
riminal a'ses the onstant pratie followed in this
0'risdition established its 'seG and in notarial matters its
'se is pro#ided by setion .%5 of "t No! +/! This long
ontin'ed pratie in riminal matters and the legal
pro#ision relating to i#il ases and notarial ats ha#e not
been amended by any law- m'h less by "t No! %,,-
the s'b0et of the present inK'iry!
There is not a single onstit'tional pro#ision appliable to
the $hilippines presribing the name to be 'sed as party
plainti= in riminal ases!
The fat that the politial stat's of this o'ntry is as yet
'ndetermined and in a transitory stage- is- in o'r opinion-
responsible for the fat that there is no positi#e pro#ision
in o'r onstit'tional law regarding the 'se of the name of
the $eople of the $hilippine Islands- as party plainti=- in
riminal prose'tions- as is otherwise the ase in the
respeti#e onstit'tional harters of the States of the
6nion and inorporated territories a sit'ation whih
m'st not be 'nderstood as depri#ing the Ho#ernment of
the $hilippines of its power- howe#er delegated- to
prose'te p'bli rimes! The fat is 'ndeniable that thepresent go#ernment of the $hilippines- reated by the
Congress of the 6nited States- is a'tonomo's!
This a'tonomy of the Ho#ernment of the $hilippines
reahes all 0'diial ations- the ase at bar being one of
themG as an eFample of s'h a'tonomy- this Ho#ernment-
the same as that of 1awaii and $orto 7io 9$eople of $orto
7io #s! 7osaly y Castillo A./.- %%5 6!S!- %54G *5 ?! ed!-
*45G S'p! Ct! 7ep!- *%: annot be s'ed witho't its
onsent! 9&erritt #s! Ho#ernment of the $hilippine Islands-
+ $hil!- ..G ?! S! &oon Q Co! #s! 1arrison- p! %5- ante!:
The dotrine- laid down in these ases- a(nowledges the
prerogati#e of personality in the Ho#ernment of the
$hilippines- whih- if it is s'>ient to shield it from anyresponsibility in o'rt in its own name 'nless it onsents
thereto- it sho'ld be also- as s'>iently a'thoritati#e in
law- to gi#e that go#ernment the right to prose'te in
o'rt in its own name whomsoe#er #iolates within its
territory the penal laws in fore therein!
1owe#er- limiting o'rsel#es to the K'estion relati#e to the
form of the omplaint in riminal matters- it is within the
power of the ?egislat're to presribe the form of the
riminal omplaint as long as the onstit'tional pro#ision
of the a'sed to be informed of the nat're of the
a'sation is not #iolated!
6nder the Constit'tion of the 6nited States and by li(e
pro#isions in the onstit'tions of the #ario's states- the
a'sed is entitled to be informed of the nat're and
a'se of the a'sation against him ! ! !
It is within the power of the legislat'res 'nder s
onstit'tional pro#ision to presribe the form
inditment or information- and s'h form ma
a#erments regarded as neessary at ommon la
Cy!- %,*!:
"ll these onsiderations a priori are strengthe
posteriori by the important reason dislosed b
following fat that the Congress has taitly appro#
No! %,,! Both the "t of Congress of J'ly .-
setion ,- and the Jones ?aw- last paragraph of s./- pro#ide that all the laws enated by the Ho#er
of the $hilippines or its ?egislat're shall be forwar
the Congress of the 6nited States- whih body re
the right and power to ann'l them! "nd pres'm
legally we m'st- that the pro#isions of these law
been omplied with- it is 'ndisp'ted that the Cong
the 6nited States did not ann'l any of those ats a
ad#erted to Nos! ./+- ++4- +/4 9of the $h
Commission:- and %55- %54/ and the one n
K'estion No! %,, 9of the present ?egislat're:
whih were amendatory of Heneral Orders No! *,! T
now 'nder dis'ssion 9No! %,,: too( e=et on 3e
%+- ./%4- and the riminal omplaint in this ase w
on &ay .4- ./%4! The silene of Congress regardinglaws amendatory of the said Heneral Order m
onsidered as an at of appro#al!
If Congress fails to notie or ta(e ation on any ter
legislation the reasonable inferene is that it ap
s'h at! 9% 7!C!?!- 5/G #ide Clinton #s! Englebr
@all!- ++G %4 A?! ed! */G Tiao #s! 3orbes- %%
*+/G S! Ct! 7ep!- *,*G *5 A?! ed!- /4G NiFon #s!
S!d!- *45G 5 N!@!- *5G % ?!7!"!- .*!:
3'rthermore- s'pposing for the sa(e of arg'ment- t
mention of the $eople of the $hilippine Islands as p
in the title of the information onstit'tes a #ie or dthe same is not fatal when- as in the present ase-
not ob0eted to in the o'rt below!
"n inditment m'st- in many states 'nder e
stat'tory or onstit'tional pro#ision- show by its
by proper reitals in the aption or elsewhere th
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prose'tion is in the name and by the a'thority of the
state- the ommonwealth- or the people of the state-
aording to the pratie in the parti'lar 0'risditionsG
b't omissions or defets in this respet may be s'pplied
or 'red by other parts of the reords- and the omissions
of s'h a reital or defets therein- e#en when reK'ired
by the onstit'tion or by stat'te- is a defet of form within
a stat'te reK'iring eFeptions for defet of form to be
made before trial! 9% Cy!- %5- %,!:
@e hold that the pro#isions of setions % of HeneralOrders No! *,- as amended by "t No! %,,- do not
parta(e of the same harater as the pro#isions of a
onstit'tionG that the said "t No! %,, is #alid and is not
#iolati#e of any onstit'tional pro#isions and that the
o'rt a K'o did not ommit any of the errors assigned!
The sentene appealed from is hereby a>rmed- the
appellant being f'rthermore sentened to the aessory
penalties presribed in artile . of the $enal Code- and
to indemnify the heirs of the deeased in the s'm of
$.-444 and to the payment of the osts of both instanes!
So ordered!
"ra'llo- C!J!- Street- &alolm- "#aneRa and Villamor- JJ!-
on'r!
Ostrand and Johns- JJ!- on'r in the res'lt!
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7ep'bli of the $hilippines')REME (O)R
&anila
EN B"NC
G.R. No. 1400: A;s 10, 200
#. er and a gentleman- and 9e: #i
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of "rtile /5 for ond't pre0'diial to good order andmilitary disipline!
Of the original %. a'sed in Criminal Case No! 42%5,+-only %+ 9inl'ding petitioners herein: led with the 7TC-Branh .+, an Omnib's &otion praying that the said trialo'rt ass'me 0'risdition o#er all the harges led withthe military trib'nal! They in#o(ed 7ep'bli "t 97!"!: No!54**! *
On September .*- %44- petitioners led with the J'dge
"d#oate Henerale 9J"HO: a motion praying for thes'spension of its proeedings 'ntil after the 7TC shallha#e resol#ed their motion to ass'me 0'risdition!
On Otober %/- %44- the $re2Trial In#estigation $anels'bmitted its Initial 7eport to the "3$ Chief of Sta= reommending that the military personnel in#ol#ed in theOa(wood inident be harged before a general o'rtmartial with #iolations of "rtiles - +- 5- /- and /5 of the "rtiles of @ar!
&eanwhile- on No#ember ..- %44- the DOJ- afterond'ting a rein#estigation- fo'nd probable a'seagainst only . 9petitioners inl'ded: of the %. a'sedin Criminal Case No! 42%5,+! "ordingly- the
prose'tion led with the 7TC an "mended Information!
In an Order dated No#ember .+- %44- the 7TC admittedthe "mended Information and dropped the harge of coupd1etat against the %/4 a'sed!
S'bseK'ently- or on Deember .%- %44- the $re2TrialIn#estigation $anel s'bmitted its 3inal $re2TrialIn#estigation 7eport 5 to the J"HO- reommending that-following the dotrine of absorption- those hargedwithcoup d1etat before the 7TCsho'ld not be hargedbefore the military trib'nal for #iolation of the "rtiles of @ar!
3or its part- the 7TC- on 3ebr'ary ..- %44+- iss'ed an
Order , stating that all harges before the o'rt martialagainst the a'sedare hereby delared not ser#ie2onneted- b't rather absorbed and in f'rtherane of thealleged rime of coup d1etat ! The trial o'rt thenproeeded to hear petitioners< appliations for bail!
In the meantime- Colonel J'li's "! &agno- in his apaityas o>er2in2harge of the J"HO- re#iewed the ndings of the $re2Trial In#estigation $anel! 1e reommended that %/of the o>ers in#ol#ed in the Oa(wood inident- inl'dingpetitioners- be prose'ted before a general o'rt martialfor #iolation of "rtile / 9ond't 'nbeoming an o>erand a gentleman: of the "rtiles of @ar!
On J'ne .5- %44+- Colonel &agnoer! "rpro#ides)
"rt! %! Persons Sub2ect to )ilitar- Law! The folpersons are s'b0et to these artiles and sh'nderstood as inl'ded in the term any person s'bmilitary law or persons s'b0et to militarywhene#er 'sed in these artiles)
9a: A66 oBcers >7 so67/ers /> e c/e sere Arme7 %orces o? e /6//>es or $hilippine Constab'lary- all members of the reser#efrom the dates of their all to ati#e d'ty and whs'h ati#e d'tyG all trainees 'ndergoing minstr'tionsG and all other persons lawf'lly alled- dor ordered into- or to d'ty or for training in th
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ser#ie- from the dates they are reK'ired by the terms of the all- draft- or order to obey the same!
6pon the other hand- Setion . of 7!"! No! 54** reads)
SEC! .! &embers of the "rmed 3ores of the $hilippinesand other persons s'b0et to military law- inl'dingmembers of the Citiens "rmed 3ores Heographial6nits- who ommit rimes or o=enses penalied 'nder the7e#ised $enal Code- other speial penal laws- or loalgo#ernment ordinanes- regardless of whether or not
i#ilians are o2a'sed- #itims- or o=ended parties-whih may be nat'ral or 0'ridial persons- shall be triedby the proper i#il o'rt- eFept when the o=ense- asdetermined before arraignment by the i#il o'rt- isser#ie2onneted- in whih ase- the o=ense shall betried by o'rt2martial- Provided- That the $resident of the$hilippines may- in the interest of 0'stie- order or diretat any time before arraignment that any s'h rimes oro=enses be tried by the proper i#il o'rts!
"s 'sed in this Setion- ser#ie2onneted rimes oro=enses shall be limited to those dened in "rtiles *+ to54- "rtiles 5% to /%- and "rtiles /* to /5 of Commonwealth "t No! +4,- as amended!
In imposing the penalty for s'h rimes or o=enses- theo'rt2martial may ta(e into onsideration the penaltypresribed therefor in the 7e#ised $enal Code- otherspeial laws- or loal go#ernment ordinanes!
Setion . of 7!"! No! 54**- K'oted abo#e- is lear and'nambig'o's! 3irst- it lays down the general r'le thatmembers of the "3$ and other persons s'b0et to militarylaw- inl'ding members of the Citiens "rmed 3oresHeographial 6nits- who ommit rimes or o=ensespenalied 'nder the 7e#ised $enal Code 9li(e coup d1etat :-other speial penal laws- or loal ordinanes shall be triedby the proper i#il o'rt! NeFt- it pro#ides the eFeptionto the general r'le- i!e!- where the i#il o'rt- beforearraignment- has determined the o=ense to be ser#ie2onneted- then the o=ending soldier shall be tried by a
o'rt martial! ?astly- the law states an eFeption to theeFeption- i!e!- where the $resident of the $hilippines- inthe interest of 0'stie- direts before arraignment that anys'h rimes or o=enses be tried by the proper i#il o'rt!
The seond paragraph of the same pro#ision f'rtheridenties the ser#ie2onneted rimes or o=enses as
6/m/e7 o ose 7eC>e7 /> "rtiles *+ to 54- "rtiles5% to /%- and "rtiles /* to /5 of the "rtiles of @ar!Violations of these speied "rtiles are r/b6e b cormr/6! This delineates the 0'risdition between the i#ilo'rts and the o'rt martial o#er rimes or o=ensesommitted by military personnel!
S'h delineation of 0'risdition by 7!"! No! 54** isneessary to preser#e the pe'liar nat're of military
0'stie system o#er military personnel harged withser#ie2onneted o=enses! The military 0'stie system isdisiplinary in nat're- aimed at ahie#ing the highest
form of disipline in order to ens're the highest degree of military e>ieny! ., &ilitary law is established not merelyto enfore disipline in times of war- b't also to preser#ethe tranK'ility and se'rity of the State in time of peaeGfor there is nothing more dangero's to the p'bli peaeand safety than a lientio's and 'ndisiplined militarybody! ./ The administration of military 0'stie has been'ni#ersally pratied! Sine time immemorial- all thearmies in almost all o'ntries of the world loo( 'pon thepower of military law and its administration as the moste=eti#e means of enforing disipline! 3or this reason-the o'rt martial has beome in#ariably an indispensablepart of any organied armed fores- it being the mostpotent ageny in enforing disipline both in peae and inwar! %4
1ere- petitioners are harged for #iolation of "rtile /9ond't 'nbeoming an o>er and a gentleman: of the"rtiles of @ar before the o'rt martial- th's)
"ll persons s'b0et to military law- did on or abo't %5 J'ly%44 at Oa(wood 1otel- &a(ati City- &etro &anila-willf'lly- 'nlawf'lly and felonio'sly /o6e e/r so6em>o s oBcers o 7e?e>7 e (o>s//o>, e 6>7 e 76-co>s/e7 or//es >7 bse7e/r co>s//o>6 7 o roec e eo6e >7e 'e by- among others- attempting to o'st thein'mbent d'ly2eleted and legitimate $resident by foreand #iolene- serio'sly dist'rbing the peae andtranK'ility of the people and the nation they are sworn to
protet-ereb cs/>; 7/so>or >7 7/sresec oe m/6/r ro?ess/o>, co>7c >becom/>; >oBcer >7 ;e>6em>- in #iolation of "@ / of the"rtiles of @ar!
CONT7"78 TO ?"@! 96ndersoring o'rs:
"rtile / of the "rtiles of @ar %. pro#ides)
"7T! /! Conduct Unbecomin an !#cer and ent "ny o>er- member of the N'rse Corps- adetadet- or probationary seond lie'tenant- won#ited of ond't 'nbeoming an o>er gentleman shall be 7/sm/sse7 ?rom e se96ndersoring o'rs:
@e hold that the o=ense for #iolation of "rtile /"rtiles of @ar is ser#ie2onneted! This is eF
pro#ided in Setion . 9seond paragraph: of 754**! It bears stressing that the harge againpetitioners onerns the alleged /o6/o> o? so6em> o s oBcers to defend the Constit'tithe d'ly2onstit'ted a'thorities!S'h #allegedly cse7 7/so>or >7 7/sresec m/6/r ro?ess/o>! In short- the harge has a bon their ro?ess/o>6 co>7c or be/or as mo>ers! EK'ally indiati#e of the ser#ie2onnnat're of the o=ense is the penalty presribed fsame 7/sm/ss6 ?rom e ser/ce imposable othe military o'rt!S'h penalty is re6 7/sc/6/>harater- e#idently intended to leanse the mprofession of mists and to preser#e the ststandard of military disipline!
Ob#io'sly- there is no merit in petitioners< arg'methey an no longer be harged before the o'rt for #iolation of "rtile / of the "rtiles of @ar bethe same has been delared by the 7TC in its Or3ebr'ary ..- %44+ as not ser#ie2onneted- b't absorbed and in f'rtherane of the alleged rime od1etat - hene- triable by said o'rt 97TC:! The 7ma(ing s'h delaration- pratially amended twhih eFpressly #ests in the o'rt martial the 0'riso#er ser#ie2onneted rimes or o=enses! @hlaw has onferred the o'rt sho'ld not ta(e awaonly the Constit'tion or the law that bestows 0'rison the o'rt- trib'nal- body or o>er o#er the smatter or nat're of an ation whih an do so! %% "only thro'gh a onstit'tional amendment or leg
enatment that s'h at an be done! The rf'ndamental d'ty of the o'rts is merely to apply tas they nd it- not as they li(e it to be! % E#identldelaration by the 7TC onstit'tes gra#e abdisretion tantamo'nt to la( or eFess of 0'risditiis- therefore- #oid!
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In Na#ales #! "baya!- %+ this Co'rt- thro'gh &r! J'stie7omeo J! Calle0o- Sr!- held)
@e agree with the respondents that the sweepingdelaration made by the 7TC 9Branh .+,: in thedispositi#e portion of its Order dated 3ebr'ary ..- %44+that all harges before the o'rt2martial against thea'sed were not ser#ie2onneted- b't absorbed and inf'rtherane of the rime of o'p der &a(ing 6nlawf'l Enlistment!
"rt! *! 3alse &'ster!
"rt! *5! 3alse 7et'rns!
"rt! *,! Certain "ts to Constit'te Desertion!
"rt! */! Desertion!
"rt! 4! "d#ising or "iding "nother to Desert!
"rt! .! Entertaining a Deserter!
"rt! %! "bsene @itho't ?ea#e!
"rt! ! Disrespet Toward the $resident- Vie2$resident-
Congress of the $hilippines- or Seretary of National
Defense!
"rt! +! Disrespet Toward S'perior O>er!
"rt! *! "ssa'lting or @illf'lly Disobeying S'perior O>er!
"rt! ! Ins'bordinate Cond't Toward Non2CommissionedO>er!
"rt! 5! &'tiny or Sedition!
"rt! ,! 3ail're to S'ppress &'tiny or Sedition!
"rt! /! U'arrelsG 3raysG Disorders!
"rt! 54! "rrest or Connement!
"rtiles 5% to /%)
"rt! 5%! 7ef'sal to 7eei#e and Peep $risoners!
"rt! 5! 7eport of $risoners 7eei#ed!
"rt! 5+! 7eleasing $risoner @itho't "'thority!
"rt! 5*! Deli#ery of O=enders to Ci#il "'thorities!
"rt! 5! &isbeha#ior Before the Enemy!
"rt! 55! S'bordinates Compelling Commander toS'rrender!
"rt! 5,! Improper 6se of Co'ntersign!
"rt! 5/! 3oring a Safeg'ard!
"rt! ,4! Capt'red $roperty to be Se'red for $'bliSer#ie!
"rt! ,.! Dealing in Capt'red or "bandoned $roperty!
"rt! ,%! 7elie#ing- Corresponding @ith- or "iding the
Enemy!
"rt! ,! Spies!
"rt! ,+! &ilitary $roperty!@illf'l or Negligent ?oss-Damage
or wrongf'l Disposition!
"rt! ,*! @aste or 6nlawf'l Disposition of &ilitary $ro
Iss'ed to Soldiers!
"rt! ,! Dr'n( on D'ty!
"rt! ,5! &isbeha#ior of Sentinel!
"rt! ,,! $ersonal Interest in Sale of $ro#isions!
"rt! ,,2"! 6nlawf'l InM'ening "tion of Co'rt!
"rt! ,/! Intimidation of $ersons Bringing $ro#isions!
"rt! /4! Hood Order to be &aintained and @7edressed!
"rt! /.! $ro#o(ing Speehes or Hest'res!
"rt! /%! D'eling!
"rtiles /* to /5)
"rt! /*! 3ra'ds "gainst the Ho#ernment!
"rt! /! Cond't 6nbeoming an O>er and Hentle
"rt! /5! Heneral "rtile!
3'rther- Setion . of 7ep! "t No! 54** #ests military o'rts the 0'risdition o#er the foro=enses! F F F!
It is lear from the foregoing that 7ep! "t No! 54not di#est the military o'rts of 0'risdition to tryin#ol#ing #iolations of "rtiles *+ to 54- "rtiles 5%
and "rtiles /* to /5 of the "rtiles of @ar as theonsidered ser#ie2onneted rimes or o=ensfat- it mandates that these shall be tried by themartial!
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&oreo#er- the obser#ation made by &r! J'stie "ntonio T!Carpio d'ring the deliberation of this ase is worthK'oting- th's)
The trial o'rt aggra#ated its error when it 0'stied itsr'ling by holding that the harge of Cond't 6nbeomingan O>er and a Hentleman is ;absorbed and inf'rtherane to the alleged rime of o'p der in#ol#ed may be resol#ed on thebasis of the 'ndisp'ted fats! %
Clearly- the instant petition for prohibition m'st fail! Theo>e of prohibition is to pre#ent the 'nlawf'l andoppressi#e eFerise of a'thority and is direted againstproeedings that are done witho't or in eFess of
0'risdition- or with gra#e ab'se of disretion- there beingno appeal or other plain- speedy- and adeK'ate remedy inthe ordinary o'rse of law! %5 Stated di=erently-prohibition is the remedy to pre#ent inferior o'rts-orporations- boards- or persons from 's'rping oreFerising a 0'risdition or power with whih they ha#e
not been #ested by law! %,
In ne- this Co'rt holds that herein respondents ha#e thea'thority in on#ening a o'rt martial and in hargingpetitioners with #iolation of "rtile / of the "rtiles of @ar!
$!ERE%ORE- the instant petition for prohibiDIS&ISSED!
'O ORDERED.
ANGE#"NA 'ANDO*A#-G)"ERRE+
"ssoiate J'stie
@E CONC67)
C E 7 T I 3 I C " T I O N
$'rs'ant to Setion .- "rtile VIII of the Constit'tiohereby ertied that the onl'sions in the Deision were reahed in ons'ltation before thwas assigned to the writer of the opinion of the Co'
AREM"O *. ANGAN"&AN
Chief J'stie
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7ep'bli of the $hilippines
')REME (O)R
&anila
EN B"NC
G.R. No. #-52:0 J>r 15, 1910
!E )N"ED 'AE', plainti=2appellee-
#s!
!. N. &)##, defendant2appellant!
3ruce 4 Lawrence$ for appellant.
!#ce of the Solicitor(eneral ,arve-$ for appell
E##"O, J.:
The appellant was on#ited in the Co'rt of 3irst In
of a #iolation of setion . of "t No! **- as amend
setion . of "t No! %5*- and from the 0'dgment e
thereon appealed to this o'rt- where 'nder
assignments of error he ontends) 9.: that the om
does not state fats s'>ient to onfer 0'risdition
the o'rtG 9%: that 'nder the e#idene the trial o'witho't 0'risdition to hear and determine the a
that "t No! ** as amended is in #iolation of
pro#isions of the Constit'tion of the 6nited State
#oid as applied to the fats of this aseG and 9+: th
e#idene is ins'>ient to s'pport the on#ition!
The information alleges)
That on and for many months prior to the
of Deember- ./4,- the said 1! N! B'll wa
and there master of a steam sailing #essel
as the steamship Standard- whih #esse
then and there engaged in arrying
transporting attle- arabaos- and other a
from a foreign port and ity of &anila- $hi
IslandsG that the said a'sed 1! N! B'll
master of said #essel- as aforesaid- on or
the %d day of Deember- ./4,- did then and
willf'lly- 'nlawf'lly- and wrongly arry- tran
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and bring into the port and ity of &anila- aboard
said #essel- from the port of "mpieng- 3ormosa-
siF h'ndred and se#enty2se#en 955: head of
attle and arabaos- witho't pro#iding s'itable
means for se'ring said animals while in transit-
so as to a#oid r'elty and 'nneessary s'=ering
to the said animals- in this- to wit- that the said 1!
N! B'll- master- as aforesaid- did then and there
fail to pro#ide stalls for said animals so in transit
and s'itable means for trying and se'ring said
animals in a proper manner- and did then and
there a'se some of said animals to be tied by
means of rings passed thro'gh their noses- and
allow and permit others to be transported loose in
the hold and on the de( of said #essel witho't
being tied or se'red in stalls- and all witho't
beddingG that by reason of the aforesaid neglet
and fail're of the a'sed to pro#ide s'itable
means for se'ring said animals while so in
transit- the noses of some of said animals were
r'elly torn- and many of said animals were
tossed abo't 'pon the de(s and hold of said
#essel- and r'elly wo'nded- br'ised- and (illed!
"ll ontrary to the pro#isions of "ts No! ** andNo! %5* of the $hilippine Commission!
Setion . of "t No! **- whih went into e=et Jan'ary .-
./4.- pro#ides that
The owners or masters of steam- sailing- or other
#essels- arrying or transporting attle- sheep-
swine- or other animals- from one port in the
$hilippine Islands to another- or from any foreign
port to any port within the $hilippine Islands- shall
arry with them- 'pon the #essels arrying s'h
animals- s'>ient forage and fresh water to
pro#ide for the s'itable s'stenane of s'h
animals d'ring the ordinary period o'pied by
the #essel in passage from the port of shipment
to the port of debar(ation- and shall a'se s'h
animals to be pro#ided with adeK'ate forage and
fresh water at least one in e#ery twenty2fo'r
ho'rs from the time that the animals are
embar(ed to the time of their nal debar(ation!
By "t No! %5*- enated Otober %- ./4.- "t No! ** was
amended by adding to setion . thereof the following)
The owners or masters of steam- sailing- or other
#essels- arrying or transporting attle- sheep-
swine- or other animals from one port in the
$hilippine Islands to another- or from any foreign
port to any port within the $hilippine Islands- shallpro#ide s'itable means for se'ring s'h animals
while in transit so as to a#oid all r'elty and
'nneessary s'=ering to the animals- and
s'itable and proper failities for loading and
'nloading attle or other animals 'pon or from
#essels 'pon whih they are transported- witho't
r'elty or 'nneessary s'=ering! It is hereby
made 'nlawf'l to load or 'nload attle 'pon or
from #essels by swinging them o#er the side by
means of ropes or hains attahed to the thorns!
Setion of "t No! ** pro#ides that
"ny owner or master of a #essel- or 'stodian of
s'h animals- who (nowingly and willf'lly fails to
omply with the pro#isions of setion one- shall-
for e#ery s'h fail're- be liable to pay a penalty of
not less that one h'ndred dollars nor more that
#e h'ndred dollars- 6nited States money- for
eah o=ense! $rose'tion 'nder this "t may be
instit'ted in any Co'rt of 3irst Instane or any
pro#ost o'rt organied in the pro#ine or port in
whih s'h animals are disembar(ed!
.! It is ontended that the information is ins'>ient
bea'se it does not state that the o'rt was sitting at a
port where the attle were disembar(ed- or that theo=ense was ommitted on board a #essel registered and
liensed 'nder the laws of the $hilippine Islands!
"t No! ** onfers 0'risdition o#er the o=ense reated
thereby on Co'rts of 3irst Instane or any pro#ost o'rt
organied in the pro#ine or port in whih s'h a
are disembar(ed- and there is nothing inon
therewith in "t No! .- whih pro#ides generally
organiation of the o'rts of the $hilippine Island
No! +44 merely eFtends the general 0'risdition
o'rts o#er ertain o=enses ommitted on the high
or beyond the 0'risdition of any o'ntry- or within
the waters of the $hilippine Islands on board a s
water raft of any (ind registered or liensed
$hilippine Islands- in aordane with the laws t
96!S! vs.3owler- . $hil! 7ep!- .+!: This 0'risdition m
eFerised by the Co'rt of 3irst Instane in any pr
into whih s'h ship or water 'pon whih the o=e
rime was ommitted shall ome after the om
thereof! 1ad this o=ense been ommitted 'pon
arrying a $hilippine registry- there o'ld ha#e be
do'bt of the J'risdition of the o'rt- bea'se
eFpressly onferred- and the "t is in aordan
well reognied and established p'bli law
the Standard was a Norwegian #essel- and it is on
that it was not registered or liensed in the $hi
Islands 'nder the laws thereof! @e ha#e then the K'
whether the o'rt had 0'risdition o#er an o=ense
harater- ommitted on board a foreign ship
master thereof- when the neglet and omissiononstit'tes the o=ense ontin'ed d'ring the time th
was within the territorial waters of the 6nited Stat
o'rt of the $hilippine Islands had 0'risdition o
o=enses or rime ommitted on the high seas or
the territorial waters of any other o'ntry- b't wh
ame within miles of a line drawn from the hea
whih embrae the entrane to &anila Bay- sh
within territorial waters- and a new set of pri
beame appliable! 9@heaton- Int! ?aw 9Dana ed!:-
note .4*G Bonls- ?e Droit Int!- se +/4et seq!G ?at
&er Ter!- h! .!: The ship and her rew were then s
to the 0'risdition of the territorial so#ereign s
thro'gh the proper politial ageny! This o=ens
ommitted within territorial waters! 3rom the linedetermines these waters the Standard m'st
tra#eled at least %* miles before she ame to a
D'ring that part of her #oyage the #iolation of the
ontin'ed- and as far as the 0'risdition of the
onerned- it is immaterial that the same ondition
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ha#e eFisted while the #essel was on the high seas! The
o=ense- ass'ming that it originated at the port of
depart're in 3ormosa- was a ontin'ing one- and e#ery
element neessary to onstit'te it eFisted d'ring the
#oyage aross the territorial waters! The ompleted
forbidden at was done within "merian waters- and the
o'rt therefore had 0'risdition o#er the s'b0et2matter of
the o=ense and the person of the o=ender!
The o=ense then was th's ommitted within the territorial
0'risdition of the o'rt- b't the ob0etion to the
0'risdition raises the f'rther K'estion whether that
0'risdition is restrited by the fat of the nationality of
the ship! E#ery! E#ery state has omplete ontrol and
0'risdition o#er its territorial waters! "ording to strit
legal right- e#en p'bli #essels may not enter the ports of
a friendly power witho't permission- b't it is now
oneded that in the absene of a prohibition s'h ports
are onsidered as open to the p'bli ship of all friendly
powers! The eFemption of s'h #essels from loal
0'risdition while within s'h waters was not established
'ntil within omparati#ely reent times! In .5/+-
"ttorney2Heneral Bradford- and in .5/ "ttorney2Heneral
?ee- rendered opinions to the e=et that the laws of
nations in#est the ommander of a foreign ship of warwith no eFemption from the 0'risdition of the o'ntry
into whih he omes! 9.- Op! 6!S! "ttys! Hen!- +- ,5!:
This theory was also s'pported by ?ord Stowell in an
opinion gi#en by him to the British Ho#ernment as late as
.,%4! In the leading ase of the Shooner 56chane
vs. &3adden 95 Cranh 96!S!:- ..- .++:- Chief J'stie
&arshall said that the implied liense 'nder whih s'h
#essels enter a friendly port may reasonably be onstr'ed
as ontaining eFemption from the 0'risdition of the
so#ereign within whose territory she laims the rights of
hospitality! The priniple was aepted by the Hene#a
"rbitration Trib'nal- whih anno'ned that the pri#iledge
of eFterritoriality aorded to #essels of war has been
admitted in the law of nationsG not as an absol'te right-b't solely as a proeeding fo'nded on the priniple of
o'rtesy and m't'al deferene between nations!
9% &oore- Int! ?aw Dig!- ses! %*% and %*+G 1all- Int! ?aw-
se! **G Taylor- Int! ?aw- se! %*G Ortolan- Dip de la &er-
%! C!W!:
S'h #essels are therefore permitted d'ring times of
peae to ome and go freely! ?oal o>ial eFerise b't
little ontrol o#er their ations- and o=enses ommitted
by their rew are 0'stiiable by their own o>ers ating
'nder the laws to whih they primarily owe allegiane!
This limitation 'pon the general priniple of territorial
so#ereignty is based entirely 'pon omity and
on#eniene- and nds its 0'stiation in the fat that
eFperiene shows that s'h #essels are generally aref'l
to respet loal laws and reg'lation whih are essential to
the health- order- and well2being of the port! B't omity
and on#eniene does not reK'ire the eFtension of the
same degree of eFemption to merhant #essels! There are
two well2dened theories as to eFtent of the imm'nities
ordinarily granted to them- "ording to the 3renh theory
and pratie- matters happening on board a merhant
ship whih do not onern the tranK'illity of the port or
persons foreign to the rew- are 0'stiiable only by the
o'rt of the o'ntry to whih the #essel belongs! The
3renh o'rts therefore laim eFl'si#e 0'risdition o#er
rimes ommitted on board 3renh merhant #essels in
foreign ports by one member of the rew against another!
9See Bonls- ?e Droit Int! 9K'at! ed!:- ses! %+2%,G
&artens- ?e Droit Int!- tome %- pp! ,- /G Ortolan- Dip!
de la &er- tit! .- p! %/%G &asse- Droit Int!- tome %- p! !:S'h 0'risdition has ne#er been admitted or laim by
Hreat Britain as a right- altho'gh she has freK'ently
oneded it by treaties! 91alle(- Int! ?aw 9Ba(erXs ed!:-
#ol! .- %.G British Territorial @aters "t- .,5,!: @riters
who onsider eFterritoriality as a fat instead of a theory
ha#e so'ght to restrit loal 0'risdition- b't 1all- who is
do'btless the leading English a'thority- says that
It is admitted by the most thoro'ghgoing
asserters of the territoriality of merhant #essels
that so soon as the latter enter the ports of a
foreign state they beome s'b0et to the loal
0'risdition on all points in whih the interests of
the o'ntry are to'hed! 91all- Int! ?aw- p! %!:
The 6nited States has adhered onsistently to the #iew
that when a merhant #essel enters a foreign port it is
s'b0et to the 0'risdition of the loal a'thorities- 'nless
the loal so#ereignty has by at of aK'iesene or
thro'gh treaty arrangements onsented to w
portion of s'h 0'risdition! 9.* Op! "ttys! Hen!-
.5,G % &oore- Int! ?aw Dig!- se! %4+G artile by
Hregory- &ih! ?aw 7e#iew- Vol! II- No! *!: Chief J
&arshall- in the ase of the 56chane- said that
@hen merhant #essels enter for the p'rp
trade- in wo'ld be ob#io'sly in on#inie
dangero's to soiety and wo'ld s'b0et th
to ontin'al infration and the go#ernm
degradation if s'h indi#id'al merhants d
owe temporary and loal allegiane- and we
amendable to the 0'risdition of the o'ntry
The S'preme Co'rt of the 6nited States has reent
that the merhant #essels of one o'ntry #isiti
ports of another for the p'rpose of trade- s
themsel#es to the laws whih go#ern the ports the
so long as they remainG and this as well in war
peae- 'nless otherwise pro#ided by treat
S! vs. Die(elman- /% 6! S!- *%42*%*!:
Certain limitations 'pon the 0'risdition of the loal
are imposed by artile . of the treaty of ommer
na#igation between Sweden and Norway and the States- of J'ly +- .,%5- whih onedes to the
#ie2ons'ls- or ons'lar agents of eah o'ntr
right to sit as 0'dges and arbitrators in s'h di=eren
may arise between the aptains and rews of the #
belonging to the nation whose interests are ommi
their harge- witho't the interferene of the
a'thorities- 'nless the ond't of the rews or
aptains sho'ld dist'rb the order or tranK'illity
o'ntry! 9Comp! of Treaties in 3ore- ./4+- p! 5*+
eFeption applies to ontro#ersies between the me
of the shipXs ompany- and parti'larly to d
regarding wages! 9% &oore- Int! ?aw Dig!- se! %4-
Tellefsen vs. 3ee- ., &ass!- .,,!: The orde
tranK'illity of the o'ntry are a=eted by many
whih do not amo'nt to a riot or general
dist'rbane! Th's an assa'lt by one member of th
'pon another- ommitted 'pon the ship- of whi
p'bli may ha#e no (nowledge whate#er- is not
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treaty withdrawn from the ogniane of the loal
a'thorities!
In .,5 the mates of the Swedish bar( 7rederi"e and
Carolina engaged in a K'arrel on board the #essel in the
port of Hal#eston- TeFas! They were prose'ted before a
0'stie of the peae- b't the 6nited States distrit
attorney was instr'ted by the Ho#ernment to ta(e the
neessary steps to ha#e the proeedings dismissed- and
the aid of the go#ernor of TeFas was in#o(ed with the
#iew to g'ard against a repetition of similar
proeedings! 9&r! 3ish- Seretary of State- to &r! Hrip-
Swedish and Norwegian harged- &ay .- .,5G &oore-
Int! ?aw Dig!: It does not appear that this K'arrel was of
s'h a nat're as to amo'nt to a breah of the riminal
laws of TeFas- b't when in .,5/ the mate for the
Norwegian bar( ?i#ingston was prose'ted in the o'rts
of $hiladelphia Co'nty for an assa'lt and battery
ommitted on board the ship while lying in the port of
$hiladelphia- it was held that there was nothing in the
treaty whih depri#ed the loal o'rts of 0'risdition!
9Commonwealth vs. ?'(ness- .+ $hila! 9$a!:- !:
7epresentations were made thro'gh diplomati hannels
to the State Department- and on J'ly 4- .,,4- &r! E#arts-
Seretary of State- wrote to Co'nt ?ewenha'pt- theSwedish and Norwegian minister- as follows)
I ha#e the honor to state that I ha#e gi#en the
matter aref'l onsideration in onnetion with
the #iews and s'ggestion of yo'r note and the
pro#isions of the thirteenth artile of the treaty of
.,%5 between the 6nited States and Sweden and
Norway! The stip'lations ontained in the last
la'se of that artile ! ! ! are those 'nder whih it
is ontended by yo' that 0'risdition is onferred
on the ons'lar o>ers- not only in regard to s'h
di=erenes of a i#il nat're growing o't of the
ontrat of engagement of the seamen- b't also
as to disposing of ontro#ersies res'lting from
personal #iolene in#ol#ing o=ense for whih the
party may be held amenable 'nder the loal
riminal law!
This Ho#ernment does not #iew the artile in
K'estion as s'septible of s'h broad
interpretation! The 0'risdition onferred 'pon the
ons'ls is onei#ed to be limited to their right to
sit as 0'dges or abitratorsin such di8erences as
ma- arise between captains and crews of the
vessels$ where such di8erences do not involve on
the part of the captain or crew a disturbance of
the order or tranquillit- of the countr- ! @hen-
howe#er- a omplaint is made to a loal
magistrate- either by the aptain or one or more
of the rew of the #essel- in#ol#ing the
dist'rbane of the order or tranK'illity of the
o'ntry- it is ompetent for s'h magistrate to
ta(e ogniane of the matter in f'rtherane of
the loal laws- and 'nder s'h ir'mstanes in
the 6nited States it beomes a p'bli d'ty whih
the 0'dge or magistrate is not at liberty
#ol'ntarily to forego! In all s'h ases it m'st
neessarily be left to the loal 0'diial a'thorities
whether the proed're shall ta(e plae in the
6nited States or in Sweden to determine if in fat
there had been s'h dist'rbane of the loal
order and tranK'illity- and if the omplaint is
s'pported by s'h proof as res'lts in theon#ition of the party a'sed- to #isit 'pon the
o=enders s'h p'nishment as may be dened
against the o=ense by the m'niipal law of the
plae! 9&oore- Int! ?aw Dig!- #ol! %- p! .*!:
The treaty does not therefore depri#e the loal o'rts of
0'risdition o#er o=enses ommitted on board a merhant
#essel by one member of the rew against another whih
amo'nt to a dist'rbane of the order or tranK'illity of the
o'ntry- and a fair and reasonable onstr'tion of the
lang'age reK'ires 'n to hold that any #iolation of riminal
laws dist'rbs the order or traK'illity of the o'ntry! The
o=ense with whih the appellant is harged had nothing
to so with any di=erene between the aptain and therew! It was a #iolation by the master of the riminal law
of the o'ntry into whose port he ame! @e th's nd that
neither by reason of the nationality of the #essel- the
plae of the ommission of the o=ense- or the prohibitions
of any treaty or general priniple of p'bli law- are the
o'rt of the $hilippine Islands depri#ed of 0'risditio
the o=ense harged in the information in this ase!
It is f'rther ontended that the omplaint is de
bea'se it does not allege that the animals
disembar(ed at the port of &anila- an allegation w
is laimed is essential to the 0'risdition of the
sitting at that port! To hold with the appellant 'po
iss'e wo'ld be to onstr'e the lang'age of the om
#ery stritly against the Ho#ernment! The disemba
of the animals is not neessary in order to onstit'
ompleted o=ense- and a reasonable onstr'tion
lang'age of the stat'te onfers 0'risdition 'pon th
sitting at the port into whih the animals are bo'gh
are then within the territorial 0'risdition of the o'
the mere fat of their disembar(ation is immateria
as 0'risdition is onerned! This might be di=eren
disembar(ation of the animals onstit'ted a onstit
element in the o=ense- b't it does not!
It is also ontended that the information is ins'
bea'se it fails to allege that
defendant "nowinl- andwillfull- failed to pro#ide s
means for se'ring said animals while in transit- so
a#oid r'elty and 'nneessary s'=ering! The allegathe omplaint that the at was ommitted w
inl'des the allegation that it was ommitted (now
"s said in @oodho'se vs. 7io Hrande 7!7! Compa
TeFas- +.:- the word Xwillf'llyX arries the idea
'sed in onnetion with an at forbidden by law- th
at m'st be done (nowingly or intentionallyG tha
(nowledge- the will onsented to- designed- and d
the at! So in @ongvs. City of "storia 9. Oregon-
was said) The rst one is that the omplaint d
show- in the words of the ordinane- that the ap
X(nowinglyX did the at omplained of! This point-
was f'lly answered by the respondentXs o'nsel
the words Xwillf'llyX and X(nowinglyX on#eyed the
meaning! To Xwillf'llyX do an at implies that it wa
by design done for a ertain p'rposeG and I thin(
wo'ld neessarily follow that it was X(nowinglyX don
the same e=et is +ohnson vs. *he People 9/+ Ill!
whih seems to be on all fo'rs with the present as
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The e#idene shows not only that the defendantXs ats
were (nowingly done- b't his defense rests 'pon the
assertion that aording to his eFperiene- the system of
arrying attle loose 'pon the de(s and in the hold is
preferable and more se're to the life and omfort of the
animals! It was onl'si#ely pro#en that what was done
was done (nowingly and intentionally!
In harging an o=ense 'nder setion of Heneral Orders-
No! *,- paragraph - it is only neessary to state the at
or omission omplained of as onstit'ting a rime or
p'bli o=ense in ordinary and onise lang'age- witho't
repitition! 9t need not necessaril- be in the words of the
statute- b't it m'st be in s'h form as to enable a person
of ommon 'nderstanding to (now what is intended and
the o'rt to prono'ne 0'dgment aording to right! "
omplaint whih omplies with this reK'irement is good!
96!S! vs. Sarabia- + $hil! 7ep!- **!:
The "t- whih is in the English lang'age- impose 'pon
the master of a #essel the d'ty to pro#ide s'itable
means for se'ring s'h animals while in transit- so as to
a#oid all r'elty and 'nneessary s'=ering to the
animals! The allegation of the omplaint as it reads in
English is that the defendant willf'lly- 'nlawf'lly- andwrongf'lly arried the attle witho't pro#iding s'itable
means for se'ring said animals while in transit- so as to
a#oid r'elty and 'nneessary s'=ering to the said
animals in this ! ! ! that by reason of the aforesaid neglet
and fail're of the a'sed to pro#ide s'itable means for
se'ring said animals were r'elty torn- and many of said
animals were tossed abo't 'pon the de(s and hold of
said #essels- and r'elty wo'nded- br'ised- and (illed!
The appellant ontends that the lang'age of the Spanish
teFt of the information does not harge him with fail're to
pro#ide s'>ient and adeK'ate means! The words
'sed are medios su:cientes and medios adecuados! In
#iew of the fat that the original omplaint was prepared
in English- and that the word s'itable is translatable by
the words adecuado - su:ciente- and conveniente-
aording to the onteFt and ir'mstanes- we
determine this point against the appellant- parti'larly in
#iew of the fat that the ob0etion was not made in the
o'rt below- and that the e#idene learly shows a fail're
to pro#ide s'itable means for the protetion of the
animals!
%! The appellantXs arg'ments against the onstit'tionality
of "t No! ** and the amendment thereto seems to rest
'pon a f'ndamentally erroneo's oneption of the
onstit'tional law of these Islands! The stat'te penalies
ats and ommissions inidental to the transportation of
li#e sto( between foreign ports and ports of the
$hilippine Islands- and had a similar stat'te reg'lating
ommere with its ports been enated by the legislat're
of one of the States of the 6nion- it wo'ld do'btless ha#e
been in #iolation of "rtile I- setion - of the Constit'tion
of the 6nited States! 9St'bbs vs. $eople 9Colo!:- .. ?! 7!
"!- N! S!- .45.!:
B't the $hilippine Islands is not a State- and its relation to
the 6nited States is ontrolled by onstit'tional priniples
di=erent from those whih apply to States of the 6nion!
The importane of the K'estion th's presented reK'ires a
statement of the priniples whih go#ern those relations-
and onsideration of the nat're and eFtent of the
legislati#e power of the $hilippine Commission and the
?egislat're of the $hilippines! "fter m'h dis'ssion andonsiderable di#ersity of opinion ertain appliable
onstit'tional dotrines are established!
The Constit'tion onfers 'pon the 6nited States the
eFpress power to ma(e war and treaties- and it has the
power possessed by all nations to aK'ire territory by
onK'est or treaty! Territory th's aK'ired belongs to the
6nited States- and to g'ard against the possibility of the
power of Congress to pro#ide for its go#ernment being
K'estioned- the framers of the Constit'tion pro#ided in
eFpress terms that Congress sho'ld ha#e the power to
dispose of and ma(e all needf'l r'les and reg'lations
respeting territory and other property belonging to the
6nited States! 9"rt! IV- se! - par! !: 6pon the
aK'isition of the territory by the 6nited States- and 'ntil
it is formally inorporated into the 6nion- the d'ty of
pro#iding a go#ernment therefor de#ol#es 'pon Congress!
It may go#ern the territory by its diret ats- or it may
reate a loal go#ernment- and delegate thereto the
ordinary powers reK'ired for loal go#er
9Binns vs. 6! S!- ./+ 6! S!- +,!: This has been the
proed're! Congress has pro#ided s'h go#ernme
territories whih were within the 6nion- and for
aK'ired territory not yet inorporated therein!
been 'stomary to organie a go#ernment wi
ordinary separation of powers into eFe'ti#e- legis
and 0'diial- and to presribe in an organi at
general onditions in aordane with whih th
go#ernment sho'ld at! The organi at th's beam
onstit'tion of the go#ernment of the territory whi
not been formally inorporated into the 6nion- a#alidity of legislation enated by the loal legislat'
determined by its onformity with the reK'irem
s'h organi at! 9National Ban( vs. 8an(ton- .. O
S!:- .%/!: To the legislati#e body of the loal go#er
Congress has delegated that portion of legislati#e
whih in its wisdom it deemed neessary f
go#ernment of the territory- reser#ing- howe#er- th
to ann'l the ation of the loal legislat're and
legislate diretly for the territory! This power ha
eFerised d'ring the entire period of the history
6nited States! The right of Congress to delegat
legislati#e power an no longer be serio'sly K'est
9Dorr vs. 6! S!- ./* 6! S!- .,G 6! S! vs. 1einsen-
S!- 54- ,*!:
The Constit'tion of the 6nited States does not by
fore operate within s'h territory- altho'gh the lib
of Congress in legislating the Constit'tion into ont
territory tended to reate an impression 'pon the
of many people that it went there by its own
9Downes vs. Bidwell- .,% 6! S!- %,/!: In legislatin
referene to this territory- the power of Cong
limited only by those prohibitions of the Const
whih go to the #ery root of its power to at
irrespeti#e of time or plae! In all other respe
plenary! 9De ?imavs. Bidwell- .,% 6! S
Downes vs. Bidwell- .,% 6! S!- %++G 1awaii vs. &a./4 6! S!- ./5G Dorr vs. 6! S! - ./* 6! S!
7assm'ssen vs. 6! S!- ./5 6! S!- *.!:
This power has been eFerised by Congress thro'
the whole history of the 6nited States- and leg
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fo'nded on the theory was enated long prior to the
aK'isition of the present Ins'lar possessions! Setion
.,/. of the 7e#ised Stat'tes of .,5, pro#ides that The
Constit'tion and all laws of the 6nited States whih are
not loally inappliable shall ha#e the same fore and
e=et within all the organied territories- and in e#ery
Territory hereafter organied- as elsewhere within the
6nited States! @hen Congress organied a i#il
go#ernment for the $hilippines- it eFpressly pro#ided that
this setion of the 7e#ised Stat'tes sho'ld not apply to
the $hilippine Islands! 9Se! .- "t of ./4%!:
In pro#iding for the go#ernment of the territory whih was
aK'ired by the 6nited States as a res'lt of the war with
Spain- the eFe'ti#e and legislati#e a'thorities ha#e
onsistently proeeded in onformity with the priniples
abo#e state! The ity of &anila was s'rrendered to the
6nited States on "'g'st .- .,/,- and the military
ommander was direted to hold the ity- bay- and
harbor- pending the onl'sion of a peae whih sho'ld
determine the ontrol- disposition- and go#ernment of the
Islands! The d'ty then de#ol#ed 'pon the "merian
a'thorities to preser#e peae and protet person and
property within the o'pied territory! $ro#ision therefor
was made by proper orders- and on "'g'st % Heneral&erritt ass'med the d'ties of military go#ernor! The
treaty of peae was signed Deember .4- .,/,! On the
%%d of Deember- .,/,- the $resident anno'ned that the
destr'tion of the Spanish Meet and the s'rrender of the
ity had pratially e=eted the onK'est of the $hilippine
Islands and the s'spension of the Spanish so#ereignty
therein- and that by the treaty of peae the f't're ontrol-
disposition- and go#ernment of the Islands had been
eded to the 6nited States! D'ring the periods of strit
military o'pation- before the treaty of peae was
ratied- and the interim thereafter- 'ntil Congress ated
9Santiago vs. No'eral- %.+ 6!S!- %4:- the territory was
go#erned 'nder the military a'thority of the $resident as
ommander in hief! ?ong before Congress too( anyation- the $resident organied a i#il go#ernment whih-
howe#er- had its legal 0'stiation- li(e the p'rely military
go#ernment whih it grad'ally s'perseded- in the war
power! The military power of the $resident embraed
legislati#e- eFe'ti#e personally- or thro'gh s'h military
or i#il agents as he hose to selet! "s stated by
Seretary 7oot in his report for ./4.
The military power in eFerise in a territory 'nder
military o'pation inl'des eFe'ti#e- legislati#e-
and 0'diial a'thority! It not infreK'ently happens
that in a single order of a military ommander an
be fo'nd the eFerise of all three of these
di=erent powers the eFerise of the legislati#e
powers by pro#isions presribing a r'le of ationG
of 0'diial power by determination of rightG and
the eFe'ti#e power by the enforement of the
r'les presribed and the rights determined!
$resident &Pinley desired to transform military into i#il
go#ernment as rapidly as onditions wo'ld permit! "fter
f'll in#estigation- the organiation of i#il go#ernment
was initiated by the appointment of a ommission to
whih i#il a'thority was to be grad'ally transferred! On
September .- ./44- the a'thority to eFerise- s'b0et to
the appro#al of the $resident! that part of the military
power of the $resident in the $hilippine Islands whih is
legislati#e in its harater was transferred from the
military go#ernment to the Commission- to be eFerised
'nder s'h r'les and reg'lations as sho'ld be presribedby the Seretary of @ar- 'ntil s'h time as omplete i#il
go#ernment sho'ld be established- or ongress otherwise
pro#ided! The legislati#e power th's onferred 'pon the
Commission was delared to inl'de the ma(ing of r'les
and orders ha#ing the e=et of law for the raising of
re#en'e by taFes- 'stoms d'ties- and impostsG the
appropriation and eFpendit're of p'bli f'nds of the
IslandsG the establishment of an ed'ational system to
se're an e>ient i#il ser#ieG the organiation and
establishment of o'rtsG the organiation and
establishment of m'niipal and departmental
go#ernment- and all other matters of a i#il nat're whih
the military go#ernor is now ompetent to pro#ide by
r'les or orders of a legislati#e harater! This grant of legislati#e power to the Commission was to be eFerised
in onformity with ertain delared general priniples- and
s'b0et to ertain spei restritions for the protetion of
indi#id'al rights! The Commission were to bear in mind
that the go#ernment to be instit'ted was not for o'r
satisfation or for the eFpression of o'r theoretial
b't for the happiness- peae- and prosperity of the
of the $hilippine Island-