US V POMPEYA000

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G.R. No. 10255. August 6, 1915.

THE UNITED STATES, Plaintiff-Appellant,


v.
SILVESTRE POMPEYA, Defendant-Appellee.

FACTS:
Silvestre Pompeya was charged with violation of Municipal code which authorizes the
municipal president to require able-bodied male residents of the municipality, between
the ages of eighteen and fifty years, to assist in the peace and order campaign in the
municipality by rendering service for a period not exceeding 5 days in any one month.

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

RULING:
No. 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.

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