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    People VS Feleo

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    Jm Talatala
    PHILIPPINE BASED SUPREME COURT DECISION

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    People VS Feleo

    Uploaded by

    Jm Talatala
    138 views2 pages
    PHILIPPINE BASED SUPREME COURT DECISION

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    PEOPLE VS FELEO

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    PHILIPPINE BASED SUPREME COURT DECISION

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    138 views2 pages

    People VS Feleo

    Uploaded by

    Jm Talatala
    PHILIPPINE BASED SUPREME COURT DECISION

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Republic of the Philippines

    SUPREME COURT
    Manila

    EN BANC

    G.R. No. L-39227             October 14, 1933

    THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee,


    vs.
    JUAN FELEO, defendant-appellant.

    Ignacio Nabong for appellant.


    Office of the Solicitor-General Hilado for appellee.

    STREET, J.:

    This appeal has been brought to reverse a judgment of the Court of First Instance of the Province of
    Bulacan, finding the appellant, Juan Feleo, guilty of the offense of inciting sedition in violation of
    article 142 of the Revised Penal Code, and sentencing him to undergo imprisonment for four years,
    nine months and eleven days, prision correccional, with the accessory penalties prescribed by law,
    imposing upon him a fine of P500, with subsidiary imprisonment in case of insolvency, and requiring
    him to pay the costs.

    It appears that on September 29, 1932, the legislative committee on labor held a public meeting in
    San Miguel, Bulacan, to hear the complaints and grievances of farmers. Many people were present
    at said meeting, and after addresses had been delivered by the official speakers, Juan Feleo made a
    talk in the course of which he used expressions in the Tagalog language substantially to the
    following effect:

    My brothers: Nobody violates the law but he who make it; and it is necessary that we should
    all unite to over- throw that power. A soviet government is necessary here; Russia is the first
    country where the laborers have had their emancipation from oppression, imperialism and
    capitalism. It is necessary that all property should be delivered to the government for its
    administration, and from this we will see the redemption of the Filipino people.

    The proof submitted by the prosecution fully sustains the allegation that the sentiments contained in
    the foregoing paragraph were expressed by the speaker. A demurrer was interposed to the
    information on the ground that no offense is charged, but said demurrer was overruled. The actions
    are clearly directed to the end of inciting sedition, contrary to the provisions of article 142 of the
    Revised Penal Code.

    The crime of sedition, as now punishable in these Islands, is defined in article 139 of the said Code.
    According to that article, one various forms of sedition consists in preventing the Insular Government
    or any provincial or municipal government, or any public officer thereof, from freely exercising its or
    his functions. The language imputed to the appellant incites the auditors to the overthrowing of the
    lawmaking power; and as the greater includes the less, this language necessarily involves
    preventing the Government and public officials from freely exercising their functions.
    It is claimed by the appellant that the language imputed to him was within the privilege secured by
    constitutional guaranties, but we have more than once held that this contention, in connection with
    speeches of the character of that now before us, is untenable. (People vs. Feleo, 57 Phil., 451;
    People vs. Feleo, G.R. Nos. 36427 and 36428, 57 Phil., 990; People vs. Nabong, 57 Phil., 455;
    People vs. Evangelista, 57 Phil., 354.)

    It will be noted that on January 1, 1932, the Revised Penal Code came into effect, abrogating
    section 8 of Act No. 292, as amended, relating to the offense of sedition. The provisions of the
    earlier law, and there naturally result certain differences in the wording of the laws. But which affects
    the law favorably to the appellant in this case.

    The penalty imposed by the trial court is correct, and the judgment appealed from will be affirmed.
    So ordered, with costs against the appellant. lawphi1.net

    Avanceña, C.J., Malcolm, Villa-Real, Abad Santos, Hull, Vickers, Imperial, and Butte, JJ., concur.

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