People vs Cabrera

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 passerby, 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 accusedYES

(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.