People vs.

Santiago
(GR No. L17584, March 8, 1922)

FACTS:
1. Petitioner Gregorio Santiago caused the death of a 7year old boy by striking him
with an automobile that he was driving.
2. Santiago was prosecuted for the crime of homicide by reckless negligence,
Santiago does not agree with the courts sentence, questioning the
constitutionality of act no. 2886 amending order no. 58 stating that all
prosecutions for public offenses shall be in the name of the U.S. Act no. 2886
stating that all prosecutions for public offenses shall be in the name of the
Philippine islands.
ISSUE:
Whether the procedure in criminal matters is incorporated in the constitution of the state?
HELD:
NO, procedure in criminal matter is not incorporated in the constitution of the states, but it is
left in the hand of the legislature, so that it falls within the realm of public statutory law. It is
limited to criminal procedure and its intention is to give to its provision the effect of law in
criminal matters. In pursuance of the constitution of the US each state has the authority, under
its police power rule to define and punish crimes and to lay down the rules of criminal
procedure. The delegation to our government needs no demo, the crimes committed w/ in our
territory even before sec 2 of general orders no.58 was amended, were prosecuted and punish
jurisdiction .Act no. 2886 (Feb. 24 1920) criminal complainant was filed May 10, 1920. The silence
of congress regarding those laws amendatory of the said general orders must be considered as an act of
the approval.