FACTS: The accused was
driving an automobile at the rate of 30 miles an hour on a highway 6 meter
wide, 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 the were two young boys, the appellant did not take the
precaution required by the circumstances by slowing his machine, and did not
proceed with the vigilant care that under the circumstances an ordinary prudent
man
would take in order to avoid possible
accidents that might occur, as unfortunately did occur, as his automobile ran
over the boy Porfirio Parondo who was instantly killed as the result of the
accident. was prosecuted for the crime of homicide by reckless negligence and
was sentenced to suffer one year and one day of prision correccional, and to
pay the costs of the trial.
ISSUES: Whether or
Not the court a quo erred in not finding that it lacked jurisdiction over
the person of the accused and over the subject matter of the complaint.
HELD: No, The right
to prosecute and punish crimes is an attribute of sovereignty which resides in
the federal government, but for the purpose of punishing crimes, this power is
delegated to subordinate government
subdivisions such as territories. This delegation may be either express as in
the case of the Several States of the Union and incorporated territories, like
Puerto Rico and Hawaii or implied as in the case of Philippines, which is an
organized territory though not incorporated
with the Union.
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