UP LAW A-2015 DIGEST SYSTEM CRIM II

[Criminal Law II | Prof. Batongbacal] A-2015 | AY 2011-2012 - II

PEOPLE VS CABRERA transpired was a fight between two government

Date of case: March 4, 1922 bodies.
Date of crime: December 13, 1920  The Court said that the law on sedition (1) makes no
Ponente: Malcolm distinction on who can be held liable, and (2) what
Place of crime: Sta. Lucia Barracks, Intramuros City transpired was an unequal fight.

FACTS LAW
 This case involves friction between Manila police
officers and Philippine Constabulary.
 Act No. 292 (old law) the equivalent of which is:
 The police arrested a woman who is a member of the
household of a Constabulary soldier.
Article 139. Sedition - How committed. - The crime of
 One day, a policeman (Mojica) was patrolling when
sedition is committed by persons who rise publicly
he encountered several soldiers. Commotion took
and tumultuously in order to attain by force,
place, and a soldier (Macasinag) was shot and
intimidation, or by other means outside of legal
mortally wounded.
methods, any of the following objects:
 This engendered resentment among the soldiers in
Sta. Lucia Barracks. Word had gotten out: (1)
Macasinag died, and (2) Mojica allowed to continue 1. To prevent the promulgation or execution of any
his duty in Intramuros. law or the holding of any popular election;
 A corporal persuaded a private in charge of a quarter
to be let out of the window. They sawed out the 2. To prevent the National Government, or any
window bars and brought rifles and ammunition. They provincial or municipal government, or any public
divided to attack police officers. officer thereof from freely exercising its or his
 On “Calle Real”: 10-12 soldiers attacked 2 policemen. functions, or prevent the execution of any
They also fired shot against a civilian car, killing the administrative order;
driver and 3 passengers. They also killed the assistant
chief of police who was with a policeman driving a 3. To inflict any act of hate or revenge upon the
motorcycle (also killed). A police patrol went to the person or property of any public officer or employee;
place and was also gunned down by the soldiers (2
were killed).
4. To commit, for any political or social end, any act
 On “Calle General Luna”: another platoon of soldiers
of hate or revenge against private persons or any
fired upon a police motorcycle on its way to Calle
social class; and
Real, wounding 1. They also fired indiscriminately in
one police station, where no one was harmed.
 Chief of the Constabulary rounded up the soldiers, 5. To despoil, for any political or social end, any
who then came back one by one to the barracks. No person, municipality or province, or the National
list of the soldiers was released. But an investigation Government (or the Government of the United
was made: there were around 74 soldiers who States), of all its property or any part thereof.
participated.
 According to one soldier: the wife of a soldier was
arrested and abused by the policemen, after which
they gave her to an American, then the unjustified
arrest of 2 soldiers, and then the killing of the soldier
Macasinag.
 2 separate charges were filed: (1) crime of sedition,
and (2) murder and serious physical injuries.

ISSUES
Whether the accused soldiers committed sedition? Yes.

RATIO
 Sedition, in its more general sense, is the raising of
commotions or disturbances in the State.
 Defendants argue that in a crime of sedition, (1) there
should be a private citizen as offender and a public
functionary as offended party, and (2) what