Factual Background
On May 1, 1931 a communist parade was scheduled in the municipality of Caloocan, within two and a half miles of Manila. The municipal permit for the parade had been revoked, and Constabulary officers with soldiers appeared to prevent the assembly. Crisanto Evangelista, apparently the leader of the assembled crowd, conversed briefly with the Constabulary officer about the revoked permit and was permitted to address the people to inform them the parade could not be held. Instead of dispersing the crowd he raised his fist, elicited shouts of "mabuhay" from the audience, and said that the municipal president had allowed the parade but the permit had been revoked for unknown reasons, adding that "the big ones are persecuting and oppressing us, who are small, which they have no right to do." The crowd cried "Let us fight them." Abelardo Ramos, who was among the people, shouted "Let us fight them until death." Evangelista began to say "My heart bleeds" but was stopped and both Evangelista and Ramos were placed under arrest. The mass then advanced against the Constabulary in an attempt to wrest Evangelista from custody and to continue the parade, and the soldiers dispersed the crowd with a water pump. The municipal permit and its revocation were found on Evangelista's person. The accused denied uttering the quoted words and claimed the assembly was peaceful.
Trial Court Proceedings
The Court of First Instance of Manila found the accused guilty of violating section 8 of Act No. 292, as amended, and sentenced each defendant to six months' imprisonment and to pay a fine of P400 with subsidiary imprisonment in case of insolvency. Each defendant was ordered to pay one-half of the costs. The defendants appealed to the Supreme Court. The trial court expressly found the facts as above stated; the appellants' brief did not point to any substantial data or reason that would justify overturning those factual findings.
The Parties' Contentions
The accused maintained that they did not make the incriminating utterances and that the people were peaceful. As legal argument the defense invoked United States vs. Apurado (7 Phil., 422), urging that a mere disorder should not be equated with sedition. The prosecution relied upon the trial court's findings that the utterances in context incited resistance to the authorities and produced an actual attempt to overpower the Constabulary.
Issue Presented
Whether the spoken words and the attendant conduct on May 1, 1931 constituted seditious acts punishable under section 8 of Act No. 292, as amended, in view of the crowd's reaction and the resulting attempt to resist law enforcement.
Ruling of the Supreme Court
The Supreme Court affirmed the judgment of the Court of First Instance with costs against the appellants. The Court held that the statements and conduct were clearly seditious, and that the facts as found below showed incitement to and an actual outbreak of resistance against the authorities.
Legal Basis and Reasoning
The Court emphasized the context in which the events occurred, several months after the inauguration of the Communist Party and after repeated instigations by communist leaders. The Court treated the defendants' utterances as the practical expression and continuation of prior instigations to overthrow the government. The immediate reaction of the crowd—shouting to fight and advancing upon the Constabulary in an effort to free Evangelista—demonstrated that the words were calculated and effective in producing resistance. The Court distinguished United States vs. Apurado, noting that in Apurado the assembly had been a petition for redress of grievances made in excited but orderly language and had produced no disorder; by contrast, the instant case involved an inducement to fight and an actual, though unexpected, resistance to the authorities. The presence on Evangelista of the permit and its revocation corroborated the context and the trial court's findings. The Court also relied upon reasoning adopted in related cases cited at the bar, namely G.R. No
...continue reading
Parties and Procedural Posture
- THE PEOPLE OF THE PHILIPPINE ISLANDS prosecuted the case in the Court of First Instance of Manila under section 8 of Act No. 292, as amended.
- CRISANTO EVANGELISTA and ABELARDO RAMOS were charged with a violation of section 8 of Act No. 292, as amended.
- The trial court found the defendants guilty and sentenced each defendant to six months' imprisonment and to pay a fine of P400 with subsidiary imprisonment in case of insolvency.
- The trial court further ordered each defendant to pay one-half of the costs.
- The defendants appealed the conviction to this Court.
Key Factual Allegations
- A parade by communists was scheduled on May 1, 1931 in the municipality of Caloocan within two and a half miles of Manila, but the parade permit had been revoked.
- A Constabulary officer with soldiers appeared to prevent the holding of the parade.
- CRISANTO EVANGELISTA conversed with the Constabulary officer and was permitted to address the assemblage to inform them that the parade could not be held.
- Instead of dispersing the crowd, CRISANTO EVANGELISTA raised his fist and declared that the municipal president had allowed the parade but the permit was revoked and that the authorities were persecuting and oppressing them.
- The audience shouted "mabuhay" and other shouts including "Let us fight them" followed the speech.
- ABELARDO RAMOS shouted, "Let us fight them until death."
- The Constabulary officer stopped the speaker and arrested both CRISANTO EVANGELISTA and ABELARDO RAMOS.
- The assemblage then advanced against the Constabulary in an attempt to wrest CRISANTO EVANGELISTA from custody, and soldiers used a water pump to disperse the crowd.
- A permit and its revocation were found on the person of CRISANTO EVANGELISTA.
- The appellants denied uttering the quoted phrases and claimed the crowd was peaceful at trial.
Issues
- Whether the statements allegedly made by the accused constituted sedition under section 8 of Act No. 292, as amended.
- Whether the facts established at trial were sufficient to show incitement to revolt and actual resistance to lawful authority.
- Whether the defense doctrine in United States vs. Apurado (7 Phil., 422) precluded a finding of sedition in the present circumstances.
Contentions of the Parties
- The prosecution conte