Beruflich Dokumente
Kultur Dokumente
LAGNASON
banners, but did carry two large wooden crosses which were
March 28, 1904
captured together with the cannon.
Ponente: Willard, J.
FACTS:
2. W/N the penalty for the crime of insurrection should be imposed
On October 29, 1902, Dalmacio Lagnason (defendant) with his
in accordance with Sec. 3 of Act No. 292? YES
band (“Babaylanes” which camped in the northern part) of men in
Justice Field in US vs. Greathouse: the intent of Congress
arms against the Government of the United States made an attack
in Sec. 2 of Act of July, 17, 1862 (now Sec. 5334 of Revised
upon the pueblo of Murcia in Province of Occidental Negros. They
Statutes and Sec. 3 of Act No. 292) is “… 2) to punish
were however driven off by the force of Constabulary. (Note: there
treason thereafter committed with death, or fine and
is a similar band, the one led by Dionisio Papa, camped in the
imprisonment, in the discretion of court, unless the
southern part)
treason consist in engaging in or assisting a rebellion or
Two inspectors of the Constabulary arrived with additional forces
insurrection against the authority of the US… in which
and left the pueblo in search of the defendant. They located him
event the death penalty is to be abandoned and a less
about three kilometers from the pueblo (Iglauaan).
penalty inflicted.”
Their fight lasted an hour and a half. The defendant was captured
The acts committed by the defendant constituted “a
in battle and had a Springfield rifle, a revolver, and a talibon. About
levying of war” as that phrase was understood at the time
twenty of his men were killed. On the side of the Constabulary,
the act of the Commission was passed. However, these
two policemen of the vicinity (Tranquilano Toscano and Lazaro
same acts constituted “rebellion or insurrection” within
Quiachon) who were acting as guides were killed.
the meaning of Sec. 3 of Act No. 292.
The defendant’s band consisted of 70-80 men who had for arms
Notwithstanding the fact that Congress does have the
five or ten rifles, bolos, daggers, and one small cannon. They wore
power to fix the penalty for this crime and the
black shirts, white pantaloons, and black caps. They carried no
construction placed upon the act of July 17, 1862, in the
case of Greathouse was that under both sections, the
If the intention is to utterly overthrow the Government and
offense constitute treason, but when the treason
establish another independent government, the offense is treason.
consisted of engaging in an insurrection or rebellion, it
If the intention was simply to obstruct and resist the authority of
could be punished only by imprisonment for not more
US or the Government of the Philippines, or the laws thereof, the
than ten years in accordance with Sec. 3 of Act 292.
offense is rebellion or insurrection.
It is not necessary to decide on whether testimony of two
The defendant constituted not only a warlike assemblage, carrying
witnesses to the same overt act is required or whether
the appearance of force in a situation to practice hostilities, but
testimony required in ordinary cases is enough. In this
hostilities actually resulted.
case, the overt act was proved by two witnesses.
There was levying of war; therefore, the punishment under Section
The defendant is also a native of Cebu and is therefore
1 of Act No. 292 (death or imprisonment and fine under court’s
covered both by Sec. 1 and Sec. 3.
discretion) should be inflicted.