Case Summary (G.R. No. 21049)
Factual Background and Alleged Utterances
On the morning of April 1, 1922, Perez and Lodovice met at the presidencia of Pilar to discuss Governor-General Leonard Wood’s administration. During the conversation Perez was overheard proclaiming in a public place, “The Filipinos, like myself, must use bolos for cutting off Wood’s head for having recommended a bad thing for the Philippines.” Witnesses further testified that he urged Filipinos to take up bolos, sever the Governor-General’s head, and throw it into the sea.
Charge and Information
Perez was charged in the Court of First Instance of Sorsogon with violating Article 256 of the Penal Code by insulting a person in authority in public without his presence. The information alleged that his statements, knowing Wood to be Governor-General, constituted “criminally, unlawfully and wilfully” an insult against the Crown’s minister or other authority.
Trial Proceedings and Findings
The prosecution presented three witnesses whose testimony consistently described Perez’s call for violent action against Wood. Defense witnesses conceded the altercation but asserted Perez merely advocated removing Wood from office. The trial court, crediting government witnesses, found beyond reasonable doubt that Perez uttered the language charged.
Status of Article 256 and the Treason and Sedition Law
Although portions of Article 256 (relating to libelous writings) were held repealed by subsequent laws, the Supreme Court in People v. Perfecto and United States v. Helbig affirmed that its core provisions concerning oral insults to officials remained effective. However, seditious utterances—those tending to incite disturbances against government authority—fall under the Treason and Sedition Law (Act No. 292).
Nature of Sedition under Act No. 292
Sedition is defined as raising commotions or disturbances against legitimate authority without necessarily overthrowing the government. Act No. 292 criminalizes seditious words or acts that tend to instigate unlawful assemblies, rebellious conspiracies, or public disorder while distinguishing such speech from protected political criticism.
Boundaries of Free Speech and Seditious Tendency
The 1902 Organic Act and its constitutional guarantees permit vigorous criticism of government, but they do not extend to speech whose intention and effect are to foment disaffection, disturbance of the peace, or insubordination. Once speech transcends mere dissent and seeks to undermine authority, it becomes punishable.
Status of the Governor-General and Impact of Seditious Attack
As the President-appointed chief executive of the Philippine Islands, the Governor-General embodies sovereign authority. A call for his decapitation is a direct assault on governmental order and American sovereignty. Such statements threaten public peace and loyalty.
Application of Section 8, Act No. 292 to Perez’s Conduct
Section 8 of Act No. 292, as amended, penalizes anyone who utters seditious words or speaks in a manner that instigates unlawful purposes, rebellious conspiracies, or disorder against lawful authorities. Perez’s exhortation to cut off Wood’s head plainly falls within these proscribed categories.
Conviction and Legal Rationale
Although charged under Article 256, the offense proved—seditious inciteme
...continue readingCase Syllabus (G.R. No. 21049)
Facts of the Case
- On the morning of April 1, 1922, in the presidencia of Pilar, Sorsogon, municipal secretary Isaac Perez and Fortunato Lodovice engaged in a political discussion about Governor-General Leonard Wood’s administration.
- Perez shouted several times, in Spanish and Bicolano, that Filipinos “must use bolos for cutting off Wood’s head” for having recommended a “bad thing,” thereby “killing our independence.”
- The remarks were made in a public place, in the presence of many persons, and without the Governor-General’s presence.
Information and Charge
- Perez was charged under article 256 of the Penal Code with contempt of ministers of the Crown or other persons in authority.
- The translated information alleged that Perez:
• Insulted Governor-General Wood by word, without his presence, in a loud voice and public place.
• Uttered that Filipinos should use bolos to cut off Wood’s head for killing Philippine independence. - The charge was brought before the Court of First Instance of Sorsogon.
Trial Proceedings and Evidence
- Prosecution witnesses (Juan Lumbao, Higinio J. Angustia, Gregorio Cresencio) testified that Perez explicitly urged use of bolos to behead Governor-General Wood.
- Cresencio added that Perez invited persons to throw the severed head into the sea.
- Defense witnesses acknowledged an altercation with Severo Madrid but contended the discussion concerned sacking the Governor-General and replacing him peacefully.
- Perez claimed his words advocated orderly removal of Wood, not violent assassination, and suggested an eventual “killing” only in political metaphor.
Issue Presented
- What crime, if any, did Isaac Perez commit by his statements?
- Whether article 256 of the Penal Code remained in force and applied.
- Whether Perez’s words constituted contempt, libel, sedition, or another offense.