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US v. TOLENTINO
FACTS:
On 14 May 1903, Aurelio Tolentino and others presented a theatrical
work written by the former entitled, Kahapon Ngayon at Bukas in Tagalog
language at the Teatro Libertad in Manila. The piece contained seditious
words and speeches, and scurrilous libels against the Government of the US
and the Insular Government of the Philippine Islands which were uttered
during the presentation as if tending to obstruct the lawful officers in the
execution of their offices, instigate others to cabal and meet together for
unlawful purposes, suggest and incite rebellious conspiracies and riots and
disturb the peace, safety and order of the community.
ISSUE:
Whether or not the theatrical performance of Tolentino were acts of
inciting to sedition.
HELD:
YES. The theatrical performance of Tolentino were acts of inciting to
sedition.
RATIO:
The manifest, unmistakable tendency of the play, in view of the time,
place, and manner of its presentation, was to inculcate a spirit of hatred and
enmity against the American people and the Government of the United
States in the Philippines, and we are satisfied that the principal object and
intent of its author was to incite the people of the Philippine Islands to open
and armed resistance to the constituted authorities, and to induce them to
conspire together for the secret organization of armed forces, to be used
when the opportunity presented itself, for the purpose of overthrowing the
present Government and setting up another in its stead.
FACTS:
This is a petition for certiorari to annul and set aside the order of the
respondent Judge directing petitioners to amend the information filed in
Criminal Case No. 9414 of the CFI of Camarines Sur entitled, People of the
Philippines versus Eligio Orbita, so as to include as defendants Governor
Armando Cledera and Assistant Provincial Warden Jose Esmeralda of
Camarines Sur. In said case, Orbita, a provincial guard, was prosecuted for
infidelity in the custody of a prisoner for the escape of detention prisoner,
Pablo Denaque. In the course of the trial, the defense alleged that Esmeralda
received a written note from Gov. Cledera asking him to send in five
prisoners which party included Denaque, who was then under the custody of
Orbita, to his house in Taculod, Canaman, Camarines Sur to work in the
construction which made Denaques escape possible, and thus, Esmeralda
and Gov. Cledera should be equally guilty of the offense with Orbita.
ISSUE:
Whether or not respondent Judge erred in equally incriminating Gov.
Cledera and Esmeralda with Orbita for the escape of Pablo Denaque.
HELD/DECISION:
YES. Respondent Judge erred in equally incriminating Gov. Cledera and
Esmeralda with Orbita for the escape of Pablo Denaque. Decision annulled
and set aside. Respondent Judge directed to proceed with the trial of the
case.
RATIO:
The offense of delivering prisoners from jails as defined in Article 156 is
usually committed by an outsider who: (1) removes from jail any person
therein confined or (2) helps him escape. If the offender is a public officer
who has custody or charge of the prisoner, he is liable for infidelity in
the custody of prisoners defined and penalized under Article 223 of the
Revised Penal Code. Since Gov. Cledera as governor, is the jailer of the
province and Jose Esmeralda is the assistant provincial warden, they cannot
be prosecuted for the escape of Pablo Denaque under Article 156 of the
Revised Penal Code. There is likewise no sufficient evidence to warrant their
prosecution for conniving with or consenting to evasion under Art. 223, and
Art. 224 which punishes evasion through negligence.