1/8/2020 G.R. No.

1434

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Republic of the Philippines

EN BANC

G.R. No. 1434 February 23, 1904

THE UNITED STATES, complainant-appellee,

Claudio Gabriel for appellant.

MCDONOUGH, J.:

The defendant is charged with the crime of treason, committed as follows:

That on November 21, 1902, in Manila, he did feloniously, treasonably, etc., levy war against, adhere to and give aid
and comfort to the enemies of, the United States and of the Philippine Islands, in that on or about August 30, 1902,
he accepted a commission in the regular army of the "Filipinos Republic" and served as a captain and carried arms
in such army and continued in such office and continued to carry arms as aforesaid between the said dates of
August 30, 1902, and November 21, 1902, the said "Filipinos Republic" being as attempted government organized
by various persons against the authority of the United States Government and that of the Philippine Islands and
having for its object the overthrow by armed insurrection of the regularly constituted government in said Islands.

The defendant was convicted in the Court of First Instance of Manila and sentenced to imprisonment for a term of
twenty years and to pay a fine of $5,000.

The evidence upon which the court below based this conviction is substantially as follows:

A Constabulary detective testified that he met the defendant in Bacord, city of Manila, November 21, 1902; that a
companion of the witness told him that the defendant was a captain in the Katipunan Society; that thereupon they
detained the defendant and took him aside into a clump of trees where they talked to him and got him to admit that
he was an officer of the Katipunan. The officers took the defendant to his house, where they searched his trunk and
found in it and took away a revolver and a captain's commission under seals. The following is a copy of its
commission:

SUPREME PRESIDENCY OF THE PHILIPPINE ISLANDS.

By reason of the qualifications of Antonio de los Reyes and the good service rendered by him to the
fatherland, the supreme president has been fit to appoint him captain in the regular army of these Islands.

It is therefore ordered that all persons render him the corresponding honors and obey all orders which he may
issue for the good of the service.

K. K., the 30th of August, 1902.

CENON NIGDAO,

S. K., Minister of War.

A. G. DEL ROSARIO,

S. K., Supreme President.

TO DON ANTONIO DE LOS REYES,

Appointed Captain in the Regular Army of these Philippine Islands.

This Constabulary detective further testified that one Cenon Nigdao was a lieutenant-colonel in command of the
whole Katipunan forces, but at that time had been captured and was a prisoner at Pasig.

The witness was asked what this Katipunan Society is, and in reply stated that it is an organization for forming an
independent government for the Philippines, not letting their headquarters or whereabouts be known to the
American Government, and to gain forces and arms by any means they can; sometimes they use force in securing
members.

When asked if he knew any of the armed forces of the society, he said that they made an attacked on May 30 upon
a Government force of the United States Army. He said he had not seen the defendant with the insurgent forces.

Another witness for the prosecution testified that he had been informed of this so-called government known as the
Tagalog Republic, or Katipunan, through captured documents, and that he knew their seals and recognized the
seals on Exhibit A, the commission of the defendant, as those of the organization.

The next witness called by the prosecution was Cenon Nigdao, who stated that he was a tailor, 28 years of age, and
secretary of war of the Katipunan. He identified the signatures on Exhibit A. He stated that the Katipunan is the

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1/8/2020 G.R. No. 1434
national party. Its purpose is to defend the rights of the country and to ask of the American Government the freedom
of this country.

He further stated that when he gave this commission to the defendant to told him to keep it, and when the time
came for them to ask for liberty the people could not do him any harm.

The witness named the secretary of the National party, the minister of the interior, the minister of state, minister of
war, and minister of justice of the association.

On cross-examination this "secretary of war," who had held office only for one week, testified that he commanded no
forces; did not know that defendant made any use of his commission; that they did not take up arms because they
were here in Manila; and that he was living in the same house with the defendant and gave him the commission
there.

Another witness sworn for the prosecution stated that he was not a member of the Katipunan, but was a member of
the National party ever since he left Bilibid Prison; that the "secretary of war" appointed him a lieutenant-colonel and
he held the commission three months but had no soldiers to command; and that there was no army when Cenon
Nigdao was living at Bacord.

He said he was sent out to Baliuag by one Santiago and stayed there about three months, and when he found out
that there was nothing doing he surrendered himself and one revolver to the president.

If we reject, as we must, the confession of the defendant made to the Constabulary officer, because it was not made
in open court as required by law (sec. 9, act of Congress passed March 8, 1902), we have but very little in the case
upon which to base a charge of treason. Even what there is in contradictory. The charge is that the defendant took
arms against the Government in the regular army of the "Philippine Republic," whereas one witness for the
prosecution swears that the Katipunan is the treasonable organization, another says that body is known as the
"Tagalog Republic," and another, the so-called secretary of war, who commanded no troops, but to whom the
Government presumably gave credit because he testified for the prosecution, stated that the Katipunan was the
"National party" and the object of that party was to obtain from the United States, by peaceable means, the
independence of the Philippine Islands.

The confession of the accused being disposed of the only other question to be considered is whether the testimony
of one witness that he issued to the defendant the captain's commission above-mentioned, and the testimony of
another witness that he found this commission in the defendant's trunk, is sufficient to satisfy the requirements of the
statute that "no person in the Philippine Islands shall under the authority of the United States be convicted of
treason . . . unless on the testimony of two witnesses to the same overt act . . . ."

There is no proof whatever that the accused did any other act in connection with this charge than to receive this
commission. On the contrary the "secretary of war" testified that they did not take up arms because they remained
here in Manila.

I am of the opinion that the mere acceptance of the commission by the defendant, nothing else being done, was not
an overt act of treason within the meaning of the law. Blackstone says that "as treason is the highest civil crime
which (considered as a member of the community) any man can possibly commit, it ought, therefore, to be the most
freely ascertained."

The state of affairs disclosed by the evidence — the playing of the game of government, like children, the
secretaries and colonels and captains, the pictures of flags and seals and commissions all on paper, for the purpose
of duping and misleading the ignorant and the vicious — should be not dignified by the name of treason.

Those engaged in this plotting and scheming in the pretense of establishing an independent government in these
Islands, with nothing behind them, without arms or soldiers or money, and without the possibility of success, are
simply engaged in deluding themselves and perhaps innocent followers and in filling the cell of Bilibid Prison.

Even though not guilty of treason, they may be tried for other lesser crimes.

The case of the United States vs. Magtibay,1 recently decided by this court, involved much the same question as
this, and is followed.

The judgement below is therefore reversed and the defendant acquitted, but without prejudice to the prosecuting
authorities to proceed against the defendant for such other crime or crimes as the evidence discloses. The costs are
adjudge de oficio.

Arellano, C. J., Torres, Willard and Mapa, JJ., concur.

Footnotes
1 2 Phil. Rep., 703.

The Lawphil Project - Arellano Law Foundation

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