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1. People v. Santiago -1922

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People v. Santiago, 43 Phil. 120 (1922)

Ponente: Romualdez, J.
Facts:
• Santiago was driving an automobile at the rate of 30 miles/h
6 meter wide, notwithstanding the fact that he had to pas
between a wagon standing on one side of the road and a h
the other side where there were 2 young boys.
• Santiago did not take the precaution required by the c
slowing his machine, and did not proceed with vigilant car
circumstances, an ordinary prudent man would take in
possible accidents that might occur.
• Unfortunately, as his automobile ran over the boy Porfirio P
instantly killed as the result of the accident.
• Santiago was prosecuted for the crime of homicide by reck
(Sentenced to 1 year and 1 day imprisonment)
• Santiago petitioned the decision alleging that he wa
conformity with Act no. 2886 of the Philippine Legis
unconstitutional for amending G.O.58 which it is not authori
having a constitutional character
o G.O. No. 58, Sec. 2 ! All prosecutions for public offenses s
name of the United States against the persons charged wit
o Act No. 2886, Sec. 2 ! All prosecutions for public offenses shal
the People of the Philippine Islands against the persons charged w
Issue: WON Act No. 2886 is valid and constitutional.

Held: Yes. General Order No. 58 has no constitutional characte

statutory character.
The power of the Philippine Legislature to amend it is self-evident
to legislate matters relating to criminal procedure. The right t
punish crimes is delegated to the Philippine Government
Government. Philippine Legislature, which has enacted Act No. 2
successor to the Military Government as a legislative body.
Sentenced is affirmed

Transfer of Power to Legislate

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