GR L 2570; (March, 1906) (Digest)
G.R. No. L-2570
FACTS:
The case proceeded only against the defendant-appellant Victor Acabado, his co-accused having been acquitted by the trial court. Acabado was convicted and sentenced for violating Section 4 of Act No. 292 (the Sedition Law). The prosecution alleged that Acabado (1) gave shelter to Artemio Ricarte, who was known to be armed; (2) told another person that Ricarte had written to known brigand leaders; and (3) failed to notify the authorities of Ricarte’s presence in town while the police were publicly seeking to arrest him, only reporting it after Ricarte had departed.
ISSUE:
Whether the proven facts constitute the crime of conspiracy to overthrow the government, as defined and penalized under Section 4 of Act No. 292 .
RULING:
No. The Supreme Court reversed the judgment of conviction and acquitted Victor Acabado. The Court held that the established facts were insufficient to demonstrate that Acabado was implicated in any of Artemio Ricarte’s plans. More importantly, the facts did not constitute the specific crime of conspiracy to overthrow the government by force as penalized under the cited law. None of the acts proven amounted to such a conspiracy.
