G.R. No. 171322-24 - Victoriano vs. People

Case Summary (G.R. No. 171322-24)

Factual Background

The information alleged that on or about May 30, 1931, and for some time prior thereto, the accused conspired and became members of the Communist Party of the Philippines, an illegal association whose principal objects were to bring about, by force, the downfall of the existing form of government and to establish another patterned after the Soviet Government. The information alleged that the Party sought to incite a revolt of the laboring class, to urge class struggle against capitalists, and to alter the social order and the regularity of governmental functions. The information further alleged that the Party was organized without informing local authorities of its objects and by-laws and that the accused assembled under the name Katipunan ng mga Anak pawis sa Pilipinas at El Retono Building in Manila despite warnings from authorities.

Trial Court Proceedings

The accused were tried for illegal association in the Court of First Instance of the City of Manila. After trial the court convicted the accused except for Norberto Nabong, Sixto Estrada, Augusto David, Doroteo Cahumban, Jose Ilagan, Liboro Natividad, and Mateo del Castillo, who were acquitted. The trial court imposed the penalty of confinamiento for a period of eight years and one day pursuant to paragraph five of Article 190 of the old Penal Code, in connection with Articles 28 and 114 of the same Code. The convicted defendants appealed.

Appellants' Conduct and Admissions

Many appellants openly presented themselves as candidates of the Communist Party of the Philippines in recent elections. Mariano P. Balgos and Cenon Lacanienta and others delivered speeches at Party meetings advocating communist ideas and urging laborers to join. Enrique Torrente served as editor of the Party organ, the newspaper Titis. Crisanto Evangelista expressly admitted at trial that he was affiliated with the Party and testified that the Party's constitution and by-laws declared its purpose to overthrow the present government by any means necessary, especially armed revolution. Catalino Monroy admitted travel to Russia as a delegate of the Kapisanan nang mga Anak pawis to the Red International Labor Union Congress. No appellant denied membership in the Party.

The Parties' Contentions

The appellants principally contended that the Communist Party of the Philippines was not illegal because it preached a social revolution rather than an armed one. They argued further that communism was not prohibited in other parts of the civilized world. On the sentencing issue, appellants contended that the trial court erred in imposing confinamiento because the Revised Penal Code had eliminated such penalty.

Prosecution Position and Trial Court Findings

The prosecution relied on the Party constitution, admissions of appellants, and the Party's public activities to establish that the association's objects were to alter the social order and to commit crimes such as rebellion and sedition. The trial court found that the defendants were members of an association whose purposes were contrary to public order and the fundamental basis of the social order as defined by Article 188 of the Penal Code (as substituted by Article 24 of the Royal Decree of September 12, 1897). The court treated the Party's advocacy of class struggle and armed revolution as sufficient to render the association illegal.

Ruling of the Supreme Court

The Supreme Court, through Ostrand, J., affirmed the judgment of the lower court. The Court held that under Article 188 of the Penal Code, associations whose object is to attack the fundamental basis of the social order or to alter the regularity of its functions are illegal. The Court concluded that the Communist Party of the Philippines, by reason of its constitution and the admissions and conduct of its members, had objects to incite class struggle and to overthrow the government by peaceful or armed revolution, thereby falling within the definition of an illegal association. The Court rejected the appellants' argument that communism was not per se prohibited elsewhere as immaterial to the local lawfulness of the association.

Legal Basis and Reasoning

The Court grounded its decision on the text of Article 188 of the Penal Code as supplemented by the Royal Decree of September 12, 1897, which defined illegal associations as those whose objects were against public morals, to commit crime, or to attack the social order. The Court relied on Evangelista's admissions and the Party's constitution to find that force and violence were inseparable from the Party's program, thereby rendering the association illegal. The Court cited foreign authorities and reports—referring to a decision of the Supreme Court of Spain and to investigations reported by Secretary Hughes and Hamilton Fish—to show that force and violence are co

Case Syllabus (G.R. No. 171322-24)

Parties and Procedural Posture

The People of the Philippine Islands prosecuted twenty-seven named defendants for the crime of illegal association in the Court of First Instance of the City of Manila.
Crisanto Evangelista et al. appealed to this Court following convictions imposed by the trial court.
The trial court convicted the appellants except for Norberto Nabong, Sixto Estrada, Augusto David, Doroteo Cahumban, Jose Ilagan, Liboro Natividad, and Mateo del Castillo, who were acquitted.
The present decision affirmed the convictions and imposed costs against the twenty convicted defendants.

Key Factual Allegations

The information alleged that on or about May thirtieth, 1931, and for some time prior thereto, the accused affiliated with the so‑called Communist Party of the Philippines to bring about by force the downfall of the existing government.
The information further alleged that the accused used the name Katipunan ng mga Anak pawis sa Pilipinas for meetings at El Retono Building in Manila and that the association was formed without informing local authorities of its objects and by‑laws.
Several appellants presented themselves as candidates in the last elections as members of the Communist Party of the Philippines.
Appellants Mariano P. Balgos and Cenon Lacanienta and others delivered speeches advocating communist ideas and urging laborers to join the party.
Appellant Enrique Torrente appeared as editor in the newspaper known as Titis, an organ of the Communist Party.
Appellant Catalino Monroy admitted having gone to Russia as a delegate of the Kapisanan nang mga Anak pawis to the Red International Labor Union Congress.

Admissions and Evidence

Crisanto Evangelista expressly admitted at trial that he was affiliated with the Communist Party of the Philippines.
Evangelista also testified that the party constitution and by‑laws set out objectives to overthrow the present form of government by any means necessary, including armed revolution.
The record contained party speeches, election candidacies run as communists, and party publication activity linking the appellants to the party and its program.

Statutory Framework

The Court applied Article 188 of the Penal Code, as substituted by Article 24 of the Royal Decree of September 12, 1897, defining illegal associations as those whose objects are against public morals, to commit crime, or to attack the fundamental basis of the social order or alter the regularity of its functions.
The trial court imposed