Case Summary (G.R. No. L-17748)
Uprising and Resulting Violence
On the evening of December 15, under orders from Corporal Ingles and with the assistance of Private Torio, soldiers sawed through barracks window bars, armed themselves, and attacked multiple police posts across Intramuros. The volley on Calle Real killed Policeman Driskill and his companion Jacumin, and struck civilians aboard a passing streetcar. Subsequent attacks claimed the lives of Captain Wichman, Policeman Saplala, Patrolmen Trogue and Sison, and Sergeant Policarpio; several others were wounded.
Investigation and Confessions
On December 16, 1920, Colonel Sweet assembled 180 soldiers, separated them by company, and invited those involved to step forward. Seventy-seven admitted participation and provided written statements (Exhibits C–C-76), taken in English or Spanish and, when requested, translated into Tagalog or local dialects. Each soldier signed under oath that the declarations were free and voluntary, without promise of immunity.
Trial and Procedural Posture
Defendants were charged separately with sedition (violating Act No. 292) and with murder/serious physical injuries. All but eight initially pleaded guilty to sedition but later entered not guilty pleas. The prosecution relied on the seventy-seven confessions and eyewitness testimony. Defenses challenged the voluntariness of the confessions and, as to certain defendants, disputed their participation in the riot.
Legal Issues on Appeal
- Admissibility of Confessions: Whether Exhibits C–C-76 were obtained by coercion, misunderstanding, or promise of transfer to Mindanao.
- Existence of Conspiracy: Whether the soldiers acted under a common design or merely as automatons influenced by group psychology.
- Violation of the Treason and Sedition Law: Whether the uprising constituted sedition under section 5(3) of Act No. 292.
Analysis of Confessions
Under the Administrative Code and established jurisprudence, a confession is admissible if made freely, voluntarily, and without inducement. The Court found no evidence of violence or promises; interpreters ensured comprehension; and in open court, the majority reaffirmed their admissions. The soldiers’ military experience further supports the reliability of their statements.
Conspiracy and Joint Liability
Even absent express agreement, joint participation in a public, armed attack to avenge a perceived wrong implies a common criminal design. Each defendant shared the motive (revenge against police), the method (coordinated volleys from multiple positions), and benefited from mutual assistance, establishing conspiracy by inference from their collective acts.
Sedition under Act No. 292
Section 5(3) penalizes public and tumultuous uprisings to inflic
...continue readingCase Syllabus (G.R. No. L-17748)
Citation and Procedural Posture
• 43 Phil. 64; G.R. No. 17748; decided March 4, 1922.
• Convictions affirmed on appeal from the Court of First Instance of Manila.
• Defendants convicted under Act No. 292 (sedition) and separately tried for murder and serious physical injuries.
• Appeals present issues of voluntariness of confessions, existence of conspiracy, and proper application of the Treason and Sedition Law.
Factual Background
• December 13, 1920: Manila policemen arrest a woman in the household of a Constabulary soldier at Santa Lucia Barracks—perceived by some soldiers as an outrage.
• December 14, 1920, at sunset: Policeman Artemio Mojica fires on Private Crispin Macasinag on Calle Real, Intramuros; Macasinag is mortally wounded, fueling resentment among soldiers.
• December 15, 1920: Rumors that Mojica remains on duty and that Macasinag has died spur desire for revenge.
• Around 7 p.m.: Corporal Ingles persuades Private Torio to have Fourth Company soldiers cut window bars and escape with rifles and ammunition.
• Escaped soldiers divide into groups and open fire on Manila police at multiple locations in Intramuros and nearby districts:
– Intersection of Calles Real and Cabildo: American policeman Driskill and U.S. Army clerk Jacumin shot dead; civilians in a streetcar (Victor de Torres killed; three wounded).
– Corner of Calles Real and Magallanes: Assistant Chief of Police Captain Wichman and Patrolman Saplala killed.
– Near San Agustin Church courtyard: Patrolmen Trogue and Sison killed.
– Sunken Gardens, Calle General Luna: Sergeant Armada’s motorcycle ridden by Policarpio is fired upon—Policarpio mortally wounded.
– Indiscriminate volleys fired into Luneta police station and secret service office; no casualties.
• General Crame and Captain Page eventually restore order; no complete roster of participating soldiers compiled.
• December 16, 1920: Colonel Sweet convenes all 180 soldiers at Santa Lucia Barracks, compels those who went out or fired shots to step forward, and records 77 written statements (Exhibits C to C-76) in English or Spanish, interpreted as needed and signed in presence of