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    US Vs Delos Reyes

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    LawardCaps
    The defendant was charged with treason for accepting a commission in the army of the self-proclaimed "Filipino republic" which aimed to overthrow the authority of the United States in the Philippine Islands. However, the court found the defendant not guilty of treason because [1] the mere acceptance of the commission without any other overt acts was insufficient, and [2] the evidence showed this "government" was simply playing at being one without any real arms, soldiers, or chance of success, and thus did not constitute treason under the law. While not treason, the defendant may be tried for other lesser crimes.

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    US Vs Delos Reyes

    Uploaded by

    LawardCaps
    762 views2 pages
    The defendant was charged with treason for accepting a commission in the army of the self-proclaimed "Filipino republic" which aimed to overthrow the authority of the United States in the Philippine Islands. However, the court found the defendant not guilty of treason because [1] the mere acceptance of the commission without any other overt acts was insufficient, and [2] the evidence showed this "government" was simply playing at being one without any real arms, soldiers, or chance of success, and thus did not constitute treason under the law. While not treason, the defendant may be tried for other lesser crimes.

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    US vs Delos Reyes

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    The defendant was charged with treason for accepting a commission in the army of the self-proclaimed "Filipino republic" which aimed to overthrow the authority of the United States in the Philippine Islands. However, the court found the defendant not guilty of treason because [1] the mere acceptance of the commission without any other overt acts was insufficient, and [2] the evidence showed this "government" was simply playing at being one without any real arms, soldiers, or chance of success, and thus did not constitute treason under the law. While not treason, the defendant may be tried for other lesser crimes.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    762 views2 pages

    US Vs Delos Reyes

    Uploaded by

    LawardCaps
    The defendant was charged with treason for accepting a commission in the army of the self-proclaimed "Filipino republic" which aimed to overthrow the authority of the United States in the Philippine Islands. However, the court found the defendant not guilty of treason because [1] the mere acceptance of the commission without any other overt acts was insufficient, and [2] the evidence showed this "government" was simply playing at being one without any real arms, soldiers, or chance of success, and thus did not constitute treason under the law. While not treason, the defendant may be tried for other lesser crimes.

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    © All Rights Reserved
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    [G.R. No. 1434. February 23, 1904.

    THE UNITED STATES, complainant-appellee, vs. ANTONIO DE LOS


    REYES, defendant-appellant.

    Facts:

    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 "Filipino 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 "Filipino
    republic" being an 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.
     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 states that the Katipunan is the
    national party. Its purpose is to defend the rights of the country and to
    ask of the American Government the freedom of this country.
     The confession of the accused being disposed, 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 . . ."
    Issue:
    WON the defendant is guilty treason
    Ruling:
    No, 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) anyone 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 not be
    dignified by the name of the 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 cells of Bilibid Prison.
    Even though not guilty of treason, they may be tried for other lesser crimes.

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