G.R. No. 173780 - Metropolitan Bank and Trust Co. vs. Custodio

Indictment and Statute
Aurelio Tolentino was charged by information under Section 8 of Act No. 292 for “uttering seditious words or speeches” and “writing, publishing, and circulating scurrilous libels” against the U.S. and Insular Government of the Philippine Islands.
The alleged offense arose from a Tagalog drama entitled “Kahapon, Ngayon at Bukas” performed on May 14, 1903, at Teatro Libertad, Manila, which was fully translated and annexed to the information.

Trial Evidence and Findings
The prosecution proved beyond reasonable doubt that Tolentino authored the play, directed a theatrical company, and publicly uttered and published its contents substantially as charged.
The court did not conclusively decide whether the libel was “scurrilous” in the strict legal sense but focused on whether any of the modes of offense under Sec. 8 were established.

Political and Historical Context
The Civil Government had been established less than two years earlier, and intermittent insurrections still required military suppression across the Islands.
A revolutionary junta in Hong Kong actively sought to foment rebellion in the Philippines, keeping alive hopes of overthrowing the government—a climate making the play’s alleged purpose particularly dangerous.

Primary Legal Question
Whether Tolentino’s writing, publishing, and public presentation of the drama constituted a violation of any one of the offenses defined in Section 8 of Act No. 292, namely incitement to unlawful assemblies, rebellious conspiracies, riots, or disturbance of lawful authority.