G.R. No. 18606 ; August 1, 1922
THE UNITED STATES, plaintiff-appellee, vs. CIRIACO ALIGAN, defendant-appellant.

FACTS

Ciriaco Aligan was charged with violating Section 4 of Act No. 2389 for operating an automobile on Cavite Boulevard in Manila at a speed of 27 miles per hour, alleged to be greater than reasonable and proper. The Municipal Court found him guilty and fined him P50. On appeal, the Court of First Instance also found him guilty and imposed a fine of P30. The admitted facts were: the speed never exceeded 27 mph; the road (Cavite Boulevard) was wide and unobstructed; and there were no vehicles or pedestrians in front of the automobile at the time.

ISSUE

Whether operating a motor vehicle at 27 miles per hour under the specific conditions (wide, unobstructed road with no traffic or pedestrians) constitutes a violation of Section 4 of Act No. 2389 , which prohibits reckless operation or operation at a speed greater than reasonable and proper, considering highway and weather conditions.

RULING

No. The Supreme Court acquitted Aligan. The Court held that Section 4 of Act No. 2389 does not fix a maximum speed limit. A speed exceeding 20 miles per hour is only prima facie evidence of a violation, but this presumption can be rebutted. The law prohibits (1) reckless operation, or (2) operation at a speed greater than reasonable and proper, having regard to width, traffic, grades, crossings, curvatures, other highway conditions, and atmospheric and weather conditions, or so as to endanger persons or property or cause excessive damage to the highway. Under the specific circumstances—a wide, unobstructed boulevard with no other traffic or pedestrians—the speed of 27 mph was neither reckless nor greater than reasonable and proper. The operator must always have the vehicle under control, considering the conditions, but here, no violation was established. The sentence of the lower court was revoked.