PEOPLE vs CABRERA
GR ## GR No. 17748
Plaintiff/Appellee: The People of the Philippine Islands,
Defendant/Appellant: Graciano L. Cabrera et al.
Date January 1, 2013
DOCTRINE Sedition is the raising of commotions or
disturbances in the state.
(SHORT VERSION)
Because of certain incidents, the Philippine constabulary
and the Police of Manila had a rough relationship with
each other. The constabulary force had grudges against
the Police force of Manila. One night, the constabulary
force went to attack the Police force, killing and
wounding several policemen and civilians.
FACTS
The Philippine Constabulary has grudges against the
police of Manila and they want to inflict revenge for the
following reasons:
(1) On December 13, 1920, a Manila police arrested a
woman who is a member of the household of a
constabulary soldier and was allegedly abused by the
said policeman.
(2) Private Macasinag of the Constabulary was shot by a
Manila police and was mortally wounded. A day after
the incident, a rumor spread among the Constabulary
that the Police who shot Macasinag was back to his
original duties while Macasinag was declared dead.
There were also rumors that the said shooting was
ordered.
On the night of December 15 some members of the
Constabulary escaped their barracks through a window
(the saw out the window bars). They had rifles and
ammunitions and were organized in groups under the
command of their sergeants and corporals. They attacked
some Manila policemen in these specific instances:
(1) On Calle Real, Intramuros, a group of the
Constabulary shot and killed an American Policeman
and his friend.
(2) The Constabulary indiscriminately shot at a passer-
by, causing a death and wounding most of the
passengers.
(3) While riding a motorcycle driven by policeman
Saplala, Captain William E. Wichman (asst. chief of
police in Manila) was shot and killed together with
Saplala
ISSUES/HELD
(1) Is there connivance/conspiracy between the accused-
YES
(2) Are the accused properly convicted of a violation of
the Treason and Sedition Law- YES
RATIO
(1) Conspiracies are generally proved by a number of
indefinite acts, conditions, and circumstances which vary
according to the purposes to be accomplished. If it be
proved that the defendants pursued by their acts the
same object, one performing one part and another
another part of the same, so as to complete it, with a
view to the attainment of the same object, one will be
justified in the conclusion that they were engaged in a
conspiracy to the effect that object. It is incontestable
that all of the defendants were imbued with the same
purpose, which was to avenge themselves on the police
force of Manila. A common feeling of resentment
animated all.
(2) Sedition, in its more general sense, is the raising of
commotions or disturbances in the State. The Philippine
law on the subject makes all persons guilty of sedition
who rise publicly and tumultuously in order to obtain by
force of outside of legal methods any one of five objects,
including that of inflicting any act of hate or revenge
upon the person or property of any official or agent of
the Insular government or of a provincial or municipal
government.
The counsel contested that it is necessary that the
offender should be a private citizen and the offended
party a public functioinary, and what really happened
was a fight between two armed bodies of the Philippine
Government. The court held that this contention is
without foundation. The Treason and Sedition Law
makes no distinction between the persons to which it
applies. What is important is that there is a public
rising to incite or inflict any act of hate or revenge
upon the person or property of any official or agent
of the Insular government or of a provincial or
municipal government.
DECISION
Judgment affirmed.