by HoneyDin

PEOPLE v. JULIO POMAR, GR No. 22008, 1924-11-03



whether or not the provisions of sections 13 and 15 of Act No. 3071 are a reasonable and lawful exercise of the police power of the state.

the Honorable C. A. Imperial, judge, found the defendant guilty of the alleged offense described in the complaint, and sentenced him to pay a fine of P50, in accordance with the... provisions of section 15 of said Act, to suffer subsidiary imprisonment in case of insolvency, and to pay the costs.


Said section 13 was enacted by the Legislature of the Philippine Islands in the exercise of its supposed police power, with the praiseworthy purpose of safeguarding the health of pregnant women laborers in "factory, shop or place of labor of any description," and of insuring... to them, to a certain extent, reasonable support for one month before and one month after their delivery.

In determining whether a particular law promulgated under the police power of the state is, in fact, within said power, it becomes necessary, first, to determine what that power is, its limits and scope.

Sir William Blackstone, one of the greatest expounders of the common law, defines the police power as "the due regulation and domestic order of the kingdom, whereby the inhabitants of a state, like members of a well-governed... family, are bound to conform their general behavior to the rules of propriety, good neighborhood, and good manners, and to be decent, industrious, and inoffensive in their respective station."... that the provisions of section 13, of Act No. 3071 of the Philippine Legislature, are unconstitutional and void... the sentence of the lower court is hereby revoked, the complaint is hereby dismissed, and the defendant is hereby discharged from the custody of the law


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