G.R. No.

L-10255, August 6, 1915

THE UNITED STATES, plaintiff-appellant, vs. SILVESTRE POMPEYA, defendant-
appellee.

FACTS:
This case is regarding the complaint filed by the prosecuting attorney of the Province of Iloilo,
charging Silvestre Pompeya with violation of the municipal ordinance of Iloilo for willfully,
illegally, and criminally and without justifiable motive failing to render service on patrol duty,
required under said municipal ordinance. Upon arraignment, Pompeya presented a demurrer,
stating that the acts charged in the complaint do not constitute a crime and that the municipal
ordinance is unconstitutional for being repugnant to the Organic Act of the Philippines, which
guarantees the liberty of the citizens.

ISSUE:
Whether or not the said law is in violation of the provisions of the Philippine Bill?

HELD:
No, the said law does not violate of the provisions of the Philippine Bill.
The municipal ordinance was enacted pursuant to the provisions of Act No. 1309, the specific
purpose of which is to require each able-bodied male resident of the municipality, between the
ages of 18 and 55, as well as each householder when so required by the president, to assist in the
maintenance of peace and good order in the community, by apprehending ladrones, etc., as well
as by giving information of the existence of such persons in the locality. The amendment
contains a punishment for those who may be called upon for such service, and who refuse to
render the same. The Supreme Court held that the power exercised under the provisions of Act
No. 1309 falls within the police power of the state and that the state was fully authorized and
justified in conferring the same upon the municipalities of the Philippine Islands and that,
therefore, the provisions of the said Act are constitutional and not in violation nor in derogation
of the rights of the persons affected thereby.