Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1904 > April 1904 Decisions > G.R. No. 1505 April 22, 1904 - UNITED STATES v. VALENTIN BUTARDO, ET AL.

003 Phil 751:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 1505. April 22, 1904. ]

THE UNITED STATES, Complainant-Appellee, v. VALENTIN BUTARDO ET AL., Defendants-Appellants.

Antonio Adiarte and Mariano Monroy, for Appellants.

Solicitor-General Araneta, for Appellee.

SYLLABUS


1. CRIMINAL LAW; SECRET POLITICAL SOCIETY; UNLAWFUL OATH. — The defendants administered and were present at the administration of an oath by which a number of persons bond themselves to defend their native country, to disturb the public peace, and to commit a criminal offense, and not to reveal to anyone this fact, which unquestionably is of a political character, and for a seditious purpose: Held, That the defendants were guilty of the offense defined and punished in section 12 of Act No. 292.


D E C I S I O N


TORRES, J. :


The provincial fiscal of Ilocos Norte filed an information in the Court of First Instance of that province charging Eulalio Diaz, Valentin Butardo, Sergio Sadang, Sr., Sergio Sancali, Sotero Abutan, Panfilo Paclibari, and Eugenio Raganit of the crime of forming a secret political society entitled "Kanayonan," in that about the end of June or the beginning of July, 1903, the defendants held meetings at the places called Buga, Sulcuc, and Baranio, of the town of Paoay, of that province, with certain other persons, for the purpose of administering an oath purporting to bind the persons taking the same to defend their native country against the Government of the United States of America in these Islands, and to refuse to reveal or discover the said unlawful combination and oath, contrary to the provisions of Act No. 292.

The information having been filed, and the case tried, the court, upon the evidence submitted, acquitted Eugenio Raganit, but sentenced Eulalio Diaz, and Valentin Butardo each to the penalty of six years’ imprisonment at hard labor and payment of a fine of $5,000, gold; Sergio Sadang, Sr., to three years’ imprisonment at hard labor; Sergio Sancali, to one years’ imprisonment and the payment of a fine of $500, gold; Sotero Abutan, to one years’ imprisonment; and Panfilo Paclibari to six months’ imprisonment, less twenty-one days during which he was held as a detention prisoner; and to the payment of each one of one-seventh of the costs. From this decision Eulalio Daz, Valentin Butardo, Sergio Sadang, Sr., Sergio Sancali, and Sotero Abutan appealed, the judgment being, therefore, a finality with respect to Eugenio Raganit and Panfilo Paclibari, with whom we are not concerned, therefore, in this decision.

From the evidence, documentary and oral, introduced in the trial of this case, it appears that during the months of June and July, 1903, the defendants, Valentin Butardo, Sergio Sadang, Sr., Eulalio Diaz, and others, held some meetings in the fields and forests of certain barrios of Paoay, for the purpose of forming a secret political society, called the "Kanayonan," among the inhabitants of the said barrios, compelling by force and threats such persons as refused or declined to join the society to do so against their will; that these persons were made to kneel, and were then blindfolded, after which they were required to take an oath to defend the country to the last drop of blood, after which incisions were made in their arms; that after this ceremony the accused promised the associates that they would subsequently inform them of the purposes and objects of the association, and to that end named a day for the reading of certain documents, in the meantime commanding them not to reveal to anyone what had taken place. Although some of the witnesses testify that the organizers of the projected society stated that its purpose was to reform evil practices and stamp out vice, other witnesses testify that its purpose was defense against the Americans. A small box was taken from one Rosendo Echique, containing documents now in the record, and which were written by Valentin Butardo. The fact that these documents existed became known to Augustin Agbayani, a sergeant of police, by the confession of the said Valentin, from whom was taken the key of the box, and by which it was opened by the commanding officer of the constabulary at Laoag, to whom it was delivered after it was taken from Enchinique, upon the information given by Butardo.

The document contains an exhortation to Filipinos to have courage in their defense, to determine to triumph, and not o forget God. It ends with acclamations for the Philippines, for the downtrodden, for the revolution, and for the independence, and demands the death of traitors.

The translation of documents shows that the purpose of the society is "something which is very difficult to attain without unanimous effort to clear away the dense cloud which obscures the vision." One who enters the society merely for the purpose of informing himself of its object or discovering the identity of its members is to be cured with a strong medicine, appropriate for traitors. The society recognizes no distinctions, and the only great men is he truly loves his natives country and defends it, shielding the downtrodden and opposing the oppressor.

The facts stated constitute the crime charged in the complaint, defined and punished by section 12 of Act No. 292. The five defendants, Valentin Butardo, Eulalio Diaz, Sergio Sadang, Sr., Sotero Abutan, and Sergio Sancali were present at and consented to the administering of an oath or engagement by which a number of persons undertook to disturb the public peace or commit some criminal offense, and compelled the associates, by means of threats, to take the oath in question, commanding them to act under the directions of the accused, and not to reveal to anyone their oath and undertaking, this oath being followed by the ceremony of incision, and these acts having been committed in secret meetings held and uninhabited places.

The context of the document written by Valentin Butardo, and taken from one of his associates, shows that the sworn undertaking entered upon in the meeting in question tended to stir up at the country to oppose and overthrow the constituted Government of these Islands, and consequently it is unquestionable that the oath and agreement was of a political character and for a seditious purpose.

The witness Juan Navarro testifies that he reported the fact of those meetings and of the oaths which were taken therein to a number of inhabitants of the township of Paoay, and that he gave information concerning a ceremony of incision to Eulalio Diaz, a member of the municipal council, representing the district of Pias, but that the latter, instead of in turn reporting the facts to the authorities, met with the Butardo brothers and other persons in the barrio of Baranio, and was present when such oath were administered, and induced others to join the society.

Valentin Butardo was one of the principal organizers of these meetings and administered the oath to a number of people, upon whom, also, incision in the arm were made, and exhorted them not to reveal the secret.

Sergio Sadang, Sr., Sotero Abutan, and Sergio Sancali were emissaries of Valentin, who endeavored to induce others to join the society, and were present, together with Valentin Butardo, in the barrios of Pias and Sulcuc when the oath was administered to and the ceremony of incision performed upon the several inhabitants of those barrios.

The guilt of the five appellants has been clearly established by the testimony of the witnesses. We can not believe the statements that the society was intended as a preparation for the election of a local president, and that its object was to stamp out evil practices. There is no evidence to show it was the custom in the town to attain such an object by means of the administration of such an oath or to perform the ceremony of incision under a promise of secrecy. Such proceedings are those of revolutionists, and are practiced by members of the Katipunan Societies.

The fact that the information charges the accused with the offense of organizing a secret political society is not an obstacle to their conviction of the offense defined and punished in section 12 of Act No. 292. The facts constituting this crime are stated in the information, and the erroneous classification of the offense was not excepted to at the trial or upon this appeal. Consequently, even if this might be a defect available if duly excepted to, as it has not prejudiced any of the essential rights of the accused, we must assumed that they have waived their right to object to it, with the view to prompt determination of the case for their own benefit.

Therefore, for the reasons stated, we are of the opinion that the judgment appealed must be reversed with respect to the appellants, and that Eulalio Diaz, Valentin Butardo, Sergio Sadang, Sr., Sergio Sancali, and Sotero Abutan be condemned to imprisonment for the term of one year and to the payment of a fine of 2,000 insular pesos, each one, and in case of insolvency to suffer subsidiary imprisonment at the rate of one day for each some of two pesos and one-half unpaid, provided, however, that the subsidiary imprisonment shall in no case exceed a third part of the duration of the principal penalty. The defendants are also condemned to pay each one a seventh part of the costs of both instances. The case will be returned to the trial court with a certified copy of this opinion and of the judgment, to be entered in accordance therewith for execution. So ordered.

Arellano, C.J., Mapa, McDonough and Johnson, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






April-1904 Jurisprudence                 

  • G.R. No. 1656 April 2, 1904 - UNITED STATES v. MARIANO DE LA CRUZ

    003 Phil 573

  • G.R. No. 1627 April 2, 1904 - UNITED STATES v. GEORGE WASHINGTON

    003 Phil 575

  • G.R. No. 1107 April 2, 1904 - IN RE: AUGUSTUS A. MONTAGNE & FRANK E. DOMINGUEZ

    003 Phil 577

  • G.R. No. 1490 April 2, 1904 - O. F. CAMPBELL AND GO-TAUCO v. BEHN, MEYER & CO.

    003 Phil 590

  • G.R. No. 1132 April 2, 1904 - MARTINIANO M. VELOSO v. PETRONA NAGUIT, ET AL.

    003 Phil 604

  • G.R. No. 1645 April 4, 1904 - UNITED STATES v. HOGU REYES, ET AL.

    003 Phil 611

  • G.R. No. 1564 April 5, 1904 - UNITED STATES v. PEDRO DE LA PATA, ET AL.

    003 Phil 612

  • G.R. No. 1625 April 7, 1904 - UNITED STATES v. EULALIO BUNDOC, ET AL.

    003 Phil 614

  • G.R. No. 1462 April 8, 1904 - LA RAZON SOCIAL DE HIJOS DE I. DE LA RAMA v. ROSENDO LACSON

    003 Phil 618

  • G.R. No. 1587 April 8, 1904 - UNITED STATES v. MAXIMO DALAWAN

    003 Phil 620

  • G.R. No. 1673 April 8, 1904 - PETRONILA ENCARNACION v. B. S. AMBLER

    003 Phil 623

  • G.R. No. 1542 April 9, 1904 - UNITED STATES v. CORNELIO DEVELA, ET AL.

    003 Phil 625

  • G.R. No. 1559 April 9, 1904 - UNITED STATES v. LORENZO ALBANO

    003 Phil 630

  • G.R. No. 1585 April 9, 1904 - UNITED STATES v. ESTEBAN VIRAY

    003 Phil 631

  • G.R. No. 1586 April 9, 1904 - UNITED STATES v. FELIPE NAVARRO

    003 Phil 633

  • G.R. No. 1905 April 9, 1904 - FLAVIANO FELIZARDO, ET AL. v. JUSTICE OF THE PEACE OF IMUS

    003 Phil 635

  • G.R. No. 1326 April 9, 1904 - FELIX FANLO AZNAR v. W. F. NORRIS

    003 Phil 636

  • G.R. No. 1614 April 9, 1904 - UNITED STATES v. ANACLETO EMBATE

    003 Phil 640

  • G.R. No. 1535 April 11, 1904 - UNITED STATES v. JUAN GINETE

    003 Phil 641

  • G.R. No. 1447 April 12, 1904 - UNITED STATES v. PERFECTO DE LEON, ET AL.

    003 Phil 645

  • G.R. No. 1573 April 12, 1904 - UNITED STATES v. TOMAS DE GUZMAN

    003 Phil 654

  • G.R. No. 1620 April 12, 1904 - UNITED STATES v. FAUSTINO GUILLERMO

    003 Phil 657

  • G.R. No. 1318 April 12, 1904 - PRISCA NAVAL, ET AL. v. FRANCISCO ENRIQUEZ, ET AL.

    003 Phil 669

  • G.R. No. 1547 April 12, 1904 - UNITED STATES v. SANTIAGO MANIQUE, ET AL.

    003 Phil 675

  • G.R. No. 1574 April 13, 1904 - UNITED STATES v. CHOA CHI CO

    003 Phil 678

  • G.R. No. 1529 April 13, 1904 - ESTEFANIA VILLAR v. MUNICIPAL BOARD OF MANILA

    003 Phil 681

  • G.R. No. 1492 April 15, 1904 - TAN MACHAN v. MARIA GAN AYA DE LA TRINIDAD, ET AL.

    003 Phil 684

  • G.R. No. 1603 April 15, 1904 - UNITED STATES v. FLAVIANO SIMEON

    003 Phil 688

  • G.R. No. 1688 April 15, 1904 - FINDLAY & CO. v. BYRON S. AMBLER

    003 Phil 690

  • G.R. No. 1329 April 15, 1904 - UNITED STATES v. RAFAEL SAMIO

    003 Phil 691

  • G.R. No. 1362 April 15, 1904 - ROSA LLORENTE v. CEFERINO RODRIGUEZ

    003 Phil 697

  • G.R. No. 1356 April 15, 1904 - UNITED STATES v. CHARLES BARNES

    003 Phil 704

  • G.R. No. 1412 April 15, 1904 - UNITED STATES v. J. C. WINEBRENNER

    003 Phil 705

  • G.R. No. 1853 April 16, 1904 - UNITED STATES v. JOHN P. MILLER

    003 Phil 708

  • G.R. No. 1479 April 16, 1904 - UNITED STATES v. VICTORINA DE LOS SANTOS

    003 Phil 710

  • G.R. No. 1501 April 16, 1904 - UNITED STATES v. CANUTO BUTARDO

    003 Phil 712

  • G.R. No. 1546 April 16, 1904 - UNITED STATES v. FELIPE RAMA

    003 Phil 716

  • G.R. No. 1590 April 16, 1904 - UNITED STATES v. TELESFORO RORALDO, ET AL.

    003 Phil 719

  • G.R. No. 1646 April 16, 1904 - UNITED STATES v. VENTURA MARIANO

    003 Phil 723

  • G.R. No. 1552 April 22, 1904 - UNITED STATES v. DAVID TOMULAC

    003 Phil 728

  • G.R. No. 1592 April 22, 1904 - UNITED STATES v. APOLONIO NATIVIDAD

    003 Phil 732

  • G.R. No. 1705 April 22, 1904 - TOMAS BLANCO v. BYRON S. AMBLER

    003 Phil 735

  • G.R. No. 1779 April 22, 1904 - FRANCISCO GUTIERREZ REPIDE v. JOHN C. SWEENEY

    003 Phil 738

  • G.R. No. 1385 April 22, 1904 - RAFAEL ENRIQUEZ ET AL. v. FRANCISCO ENRIQUEZ ET AL.

    003 Phil 746

  • G.R. No. 1477 April 22, 1904 - MARIA GONZALEZ v. SIMEON BLAS

    003 Phil 749

  • G.R. No. 1505 April 22, 1904 - UNITED STATES v. VALENTIN BUTARDO, ET AL.

    003 Phil 751

  • G.R. No. 1110 April 22, 1904 - ROMAN SARMIENTO v. MORTGAGE & DOMINGUEZ

    004 Phil 1

  • G.R. No. 1184 April 22, 1904 - COMPAÑIA AGRICOLA DE ULTRAMAR v. ANACLETO REYES ET AL.

    004 Phil 2

  • G.R. No. 1244 April 22, 1904 - COMPAÑIA GENERAL DE TABACOS DE FILIPINAS v. MIGUEL TOPINO ET AL.

    004 Phil 33

  • G.R. No. 1596 April 22, 1904 - UNITED STATES v. HILARIO ZAFRA ET. AL.

    004 Phil 71

  • G.R. No. 1616 April 22, 1904 - JUAN CAÑIZARES HIVA v. THE PHILIPPINE TRADING COMPANY

    004 Phil 74

  • G.R. No. 1626 April 22, 1904 - UNITED STATES v. HERMOGENES ONTI

    004 Phil 78

  • G.R. No. 1806 April 22, 1904 - SERVILIANO LANZUELA SANTOS v. JOHN C. SWEENEY

    004 Phil 79

  • G.R. No. 1810 April 22, 1904 - EULOGIO GARCIA v. B. S. AMBLER

    004 Phil 81