The court held the complaint insufficient because it did not show the conditions that must exist under the law before the services of able-bodied male citizens may be required for certain purposes.
G.R. No. L-10255, August 6, 1915
31 Phil 791
FACTS: Pompeya was charged with violation of municipal ordinance in an Information which reads as follows: "That on or about March 20 of the current year, 1914, in the jurisdiction of the municipality of Iloilo, Province of Iloilo, Philippine Islands, the said accused did willfully, illegally, and criminally and without justifiable motive fail to render service on patrol duty; an act performed in violation of the law."
Defendant demurs to the complaint on the ground that the acts charged therein do not constitute a crime.
HELD: The complaint, in a criminal case, must state every fact necessary to make out an offense. The complaint must show, on its face that, if the facts alleged are true, an offense has been committed. It must state explicitly and directly every fact and circumstance necessary to constitute an offense. If the statute exempts certain persons, or classes of persons, from liability, then the complaint should show that the person charged does not belong to that class.
The law authorizing the president of the municipality to call upon persons, imposes certain conditions as prerequisites: (1) The person called upon to render such services must be an able-bodied male resident of the municipality; (2) he must be between the ages of 18 and 55 [50], and (3) certain conditions must exist requiring the services of such persons.
Even admitting all of the facts in the complaint in the present case, the court would be unable to impose the punishment provided for by law, because it does not show (a) that the defendant was a male citizen of the municipality; (b) that he was an able-bodied citizen; (c) that he was not under 18 years of age nor over 55 [50]; nor (d) that conditions existed which justified the president of the municipality in calling upon him for the services mentioned in the law.
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