G.R. No.

17584             March 8, 1922

THE PEOPLE OF THE PHILIPPINES ISLANDS, plaintiff-appellee,

vs.
GREGORIO SANTIAGO, defendant-appellant.

FACTS:
Santiago was driving an automobile at high speed, 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 two boys standing. He
ran over Parondo who was instantly killed as a result of the accident. Santiago
was convicted by the lower court of the crime reckless imprudence. The
accused appealed by challenging the validity of Act 2866 which amended
General Order No. 58.

ISSUE:
Whether or not Act No. 2866 which amended General Order no. 58 valid?

RULING:

Yes. The Government has the right to use police power, creating and
defining criminal offenses. It is urged that the right to prosecute and punish
crimes is an attribute sovereignty, but by the reason of principle of
territoriality.

COURT DECISION:

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.
 G.R. No. L-11676           October 17, 1916

THE UNITED STATES, plaintiff-appellee,

vs.
ANDRES PABLO, defendant-appellant.

Alfonso E. Mendoza for appellant.

Attorney-General Avanceña for appellee.

FACTS:
Defendant Andres Pablo, a police officer from Balanga, raided a jueteng
game in the barrio of Tuyo by order of a superior. Before he arrived, players
had already left. Upon arrival, he sawFrancisco Dato, a tambiolo and bolas. He
managed to see as well MaximoMalicsi and Antonio Rodrigo leaving the place,
but since no proof that a game was played, did not go after them. Defendant
submitted a report regarding the incident to his chief and later filed charges
against Dato, Malicsi and Rodrigo. During trial, witness Dato pleaded guilty.
The other two, pleaded not guilty. During trial, the chief of police presented, as
part of evidence, the memorandum of defendant testifying under oath alleged
truth on the incident. Trial Court then acquitted Rodrigo and Maximo, and
sentenced Dato as gambler. But before such trial, defendant and Malicsi and
Rodrigo had a conference, the latter instructing the former, through bribe, not
to testify against them. After the preliminary investigation, the prosecutor filed
Information with the crime of perjury against defendant. The law
providingthereof of the punishment for the said Act, Act No. 1697, has been
repealed by the Administrative Code.,but the repealing clause of the latter did
not mention to which penal law perjury will fall.

ISSUE:
Whether or not the act of perjury is punishable under the Penal Code
even when the same was repealed by the repealing clause under the
Administrative Code.

RULING:
Yes, The repealing clause stated under the Administrative Code has not
expressly repealed the provisions punishing the act of false testimony or
perjury, thus it must be obeyed. The provisions herewith are in force and are
properly applicable to the crime of false testimony.

COURT DECISION:

For the foregoing reasons, we hereby reverse the judgment appealed from and
sentence Andres Pablo to the penalty of two years four months and one day
of prision correccional, to pay a fine of 1,000 pesetas, and, in case of insolvency,
to suffer the corresponding subsidiary imprisonment, which shall not exceed
one-third of the principal penalty. He shall also pay the costs of both instances.