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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.

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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-