CASE 1

CASE TITLE: THE PEOPLE OF THE PHILIPPINES ISLANDS, plaintiff-appellee,

vs.
GREGORIO SANTIAGO, defendant-appellant.
43 PHIL 124
March 8, 1922

PONENTE: Romualdez, J

CASE ACTION: APPEAL from a judgment of the Court of First Instance of Occidental Negros.

MATERIAL FACTS:

Santiago was driving an automobile at the rate of 30 miles/hour on a highway 6 meter wide,
notwithstanding the fact that he had to pass a narrow space between a wagon standing on one side of
the road and a heap of stones on the other side where there were 2 young boys. Santiago did not take
the precaution required by the circumstances by slowing his machine, and did not proceed with vigilant
care that under the circumstances, an ordinary prudent man would take in order to avoid possible
accidents that might occur.
Unfortunately, his automobile ran over the boy Porfirio Parondo who was instantly killed as the
result of the accident. Santiago was prosecuted for the crime of homicide by reckless negligence.
(Sentenced to 1 year and 1 day imprisonment). He petitioned the decision alleging that he was prosecuted
inconformity with Act no. 2886 of the Philippine Legislature which is unconstitutional for amending G.O.58
which it is not authorized to amend for having a constitutional character

• G.O. No. 58, Sec. 2 All prosecutions for public offenses shall be in the name of the
United States against the persons charged with the offenses.
• Act No. 2886, Sec. 2 All prosecutions for public offenses shall be in the name of the
People of the Philippine Islands against the persons charged with the offense.
ISSUE:

Whether or not the provisions of section 2 of General Orders No. 2886 is violative of any constitutional
provision.

RULING:

The sentence appealed from is hereby affirmed, the appellant being furthermore sentenced to
the accessory penalties prescribed in article 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.

RATIO DECIDENDI:

Act No. 2996 is not violative of any constitutional provision, nor does it partake of the same
character as that of the provisions of the constitution; thus, the court did not commit any of the errors
assigned. Furthermore, its main purpose is limited to criminal procedure inasmuch as its intention is to
give to its provisions the effect of law in criminal matters. General Order No. 58 has no constitutional
character but rather has statutory character. The power of the Philippine Legislature to amend it is self-
evident. It is empowered to legislate matters relating to criminal procedure. The right to prosecute and
punish crimes is delegated to the Philippine Government by the Federal Government. Philippine
Legislature, which has enacted Act No. 2886, is the legal successor to the Military Government as a
legislative