Title
People vs. Perez
Case
G.R. No. 21049
Decision Date
Dec 22, 1923
Isaac Perez, a municipal secretary, convicted for seditious statements against Governor-General Wood, inciting rebellion and disturbing public peace under Act No. 292.

Case Digest (G.R. No. 200242)
Expanded Legal Reasoning Model

Facts:

  • Background and Altercation
  • On April 1, 1922, in the presidencia of Pilar, Sorsogon, municipal secretary Isaac Perez met Fortunato Lodovice and engaged in a political discussion about Governor-General Leonard Wood’s administration.
  • During the debate, Perez allegedly shouted that Filipinos “must use bolos for cutting off Wood’s head for having recommended a bad thing for the Philippines, for he has killed our independence.”
  • Alleged Seditious Utterances and Trial
  • Perez was charged under article 256 of the Penal Code before the Court of First Instance of Sorsogon for contempt of a person in authority.
  • Prosecution witnesses Juan Lumbao (municipal president), Higinio Angustia (justice of the peace), and Gregorio Cresencio testified that Perez invited Filipinos to take bolos and decapitate the Governor-General.
  • Defense witnesses admitted the altercation but claimed Perez merely advocated for the removal of the Governor-General and installation of a new government, without inciting actual violence.
  • The trial judge found Perez’s seditious language proved beyond reasonable doubt and convicted him under article 256.

Issues:

  • Continued Validity and Scope of Article 256, Penal Code
  • Is article 256 still in force, or has it been repealed in part or whole by subsequent statutes (Libel Law, Act No. 292)?
  • Does Perez’s conduct fall under article 256’s prohibition against insults or under another statute?
  • Applicability of the Treason and Sedition Law (Act No. 292)
  • Do Perez’s statements constitute sedition under Section 8 of Act No. 292 as amended by Act No. 1692?
  • Should the offense be re-characterized and penalized under the Treason and Sedition Law rather than the Penal Code?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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