03 U.S vs. Dorr (2 PHIL 332) - Digested 2

G.R. No.
1051 May 19, 1903
THE UNITED STATES, complainant-appellee,

vs.
FRED L. DORR, ET AL., defendants-appellants.
F. G. Waite for appellants.

Solicitor-General Araneta for appellee.
LADD, J.:
The defendants have been convicted upon a complaint charging them with the offense of writing, publishing,
and circulating a scurrilous libel against the Government of the United States and the Insular
Government of the Philippine Islands. The complaint is based upon section 8 of Act No. 292 of the
Commission, which is as follows:
Every person who shall utter seditious words or speeches, write, publish, or circulate scurrilous
libels against the Government of the United States or the Insular Government of the Philippine
Islands, or which tend to disturb or obstruct any lawful officer in executing his office, or which
tend to instigate others to cabal or meet together for unlawful purposes, or which suggest or
incite rebellious conspiracies or riots, or which tend to stir up the people against the lawful
authorities, or to disturb the peace of the community, the safety and order of the Government,
or who shall knowingly conceal such evil practices, shall be punished by a fine not exceeding
two thousand dollars or by imprisonment not exceeding two years, or both, in the discretion of
the court.
The alleged libel was published as an editorial in the issue of the "Manila Freedom" of April 6, 1902, under the
caption of "A few hard facts."
Several allied offenses or modes of committing the same offense are defined in that section, viz: (1) The
uttering of seditious words or speeches; (2) the writing, publishing, or circulating of scurrilous libels against the
Government of the United States or the Insular Government of the Philippine Islands; (3) the writing,
publishing, or circulating of libels which tend to disturb or obstruct any lawful officer in executing his office; (4)
or which tend to instigate others to cabal or meet together for unlawful purposes; (5) or which suggest or incite
rebellious conspiracies or riots; (6) or which tend to stir up the people against the lawful authorities or to disturb
the peace of the community, the safety and order of the Government; (7) knowingly concealing such evil
practices.
The complaint appears to be framed upon the theory that a writing, in order to be punishable as a libel
under this section, must be of a scurrilous nature and directed against the Government of the United
States or the Insular Government of the Philippine Islands, and must, in addition, tend to some one of
the results enumerated in the section.
The important question is to determine what is meant in section 8 of Act No. 292 by the expression
"the Insular Government of the Philippine Islands." Does it mean in a general and abstract sense the
existing laws and institutions of the Islands, or does it mean the aggregate of the individuals by whom
the government of the Islands is, for the time being, administered? Either sense would doubtless be
admissible.
We understand, in modern political science, . . . by the term government, that institution or aggregate of

institutions by which an independent society makes and carries out those rules of action which are
unnecessary to enable men to live in a social state, or which are imposed upon the people forming that
society by those who possess the power or authority of prescribing them. Government is the aggregate
of authorities which rule a society. By "dministration, again, we understand in modern times, and especially in
more or less free countries, the aggregate of those persons in whose hands the reins of government are for the
time being (the chief ministers or heads of departments)." (Bouvier, Law Dictionary, 891.) But the writer adds
that the terms "government" and "administration" are not always used in their strictness, and that "government"
is often used for "administration."
The term "government" would appear to be used here in the abstract sense of the existing political
system, as distinguished from the concrete organisms of the Government — the Houses of Congress
and the Executive — which are also specially mentioned.
The article in question contains no attack upon the governmental system of the United States, and it is
quite apparent that, though grossly abusive as respects both the Commission as a body and some of
its individual members, it contains no attack upon the governmental system by which the authority of
the United States is enforced in these Islands. The form of government by a Civil Commission and a
Civil Governor is not assailed. It is the character of the men who are intrusted with the administration
of the government that the writer is seeking to bring into disrepute by impugning the purity of their
motives, their public integrity, and their private morals, and the wisdom of their policy. The publication
of the article, therefore, no seditious tendency being apparent, constitutes no offense under Act No.
292, section 8.
The judgment of conviction is reversed and the defendants are acquitted, with costs de oficio.
Arellano, C.J. Torres, Willard and Mapa, JJ., concur.

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G.R. No.

1051 May 19, 1903

THE UNITED STATES, complainant-appellee,

F. G. Waite for appellants.

We understand, in modern political science, . . . by the term government, that institution or aggregate of

Arellano, C.J. Torres, Willard and Mapa, JJ., concur.

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