Facts:
The action was brought by
The United States against
Go Chico and decided on September 15, 1909. The defendant was tried on September 8, 1908, in the Court of First Instance of the city of Manila for violating
Act No. 1696, which prohibited the public display of flags, banners, emblems, or devices used during the late insurrection or by the public enemies of the United States in the Philippine Islands, including the flag of the Katipunan Society. The record showed that on or about August 4, 1908, at store No. 89 Calle Rosario in Manila, the appellant placed in a window and a show case a number of medallions bearing the miniature picture of Emilio Aguinaldo and the flag or device described in the statute. The appellant had purchased the stock, including the medallions, at a public sheriff's sale on the day before, and on the day in question was arranging and displaying his goods to the public. The appellant admitted the facts and that he was ignorant of the existence of the law and had no corrupt intention. The court below found him guilty as charged and sentenced him to pay a fine of P500, costs, and to suffer subsidiary imprisonment until said fine should be paid. The defendant appealed.
Issues:
Under
Act No. 1696, must the prosecution prove a criminal intent beyond a reasonable doubt to sustain a conviction for displaying the described flags, banners, emblems, or devices?; and does
Act No. 1696 apply only to the identical physical banners actually used in the late insurrection, or does it extend to duplicates or any flag of that type?
Ruling:
Ratio:
Doctrine: