GR 1505; (April, 1904) (Digest)
G.R. No. 1505 : April 22, 1904
THE UNITED STATES, complainant-appellee, vs. VALENTIN BUTARDO ET AL., defendants-appellants.
FACTS:
The Provincial Fiscal of Ilocos Norte filed an information charging Eulalio Diaz, Valentin Butardo, Sergio Sadang, Sr., Sergio Sancali, Sotero Abutan, Panfilo Paclibari, and Eugenio Raganit with the crime of forming a secret political society called “Kanayonan,” in violation of Act No. 292 . The prosecution alleged that around June or July 1903, the accused held meetings in various barrios of Paoay, Ilocos Norte, where they administered an oath binding members to defend their native country against the Government of the United States in the Philippines and to keep the society secret. After trial, the Court of First Instance acquitted Eugenio Raganit and sentenced the others to varying penalties. Eulalio Diaz, Valentin Butardo, Sergio Sadang, Sr., Sergio Sancali, and Sotero Abutan appealed.
The evidence established that the accused held secret meetings in fields and forests, where they compelled individuals to join the society through force and threats. Initiates were blindfolded, made to kneel, and administered an oath to defend the country to the last drop of blood, followed by incisions made on their arms. They were ordered not to reveal the proceedings. Documents written by Valentin Butardo, seized from an associate, contained exhortations for Filipinos to defend their country, acclamations for the revolution and independence, and called for the death of traitors. While some defense witnesses claimed the society aimed to reform vices, the context of the documents and the secret, coercive nature of the ceremonies indicated a seditious purpose against the constituted government.
ISSUE:
Whether the accused are guilty of the crime defined and punished under Section 12 of Act No. 292 for administering an oath or engagement to disturb the public peace or commit a criminal offense.
RULING:
Yes. The Supreme Court found the guilt of the five appellants clearly established. The acts of administering a secret oath, compelling membership through threats, performing the incision ceremony, and the seditious content of Butardo’s documents constituted the offense under Section 12 of Act No. 292 . The Court rejected the defense that the society was for moral reform or election purposes, noting that such secretive and coercive methods were characteristic of revolutionary societies like the Katipunan.
The Court also held that the erroneous classification of the crime in the information as “forming a secret political society” was not a fatal defect. The information sufficiently alleged the facts constituting the offense under Act No. 292 , and the accused did not object to this classification during trial or on appeal, thereby waiving any right to object.
The judgment of the trial court was modified. The Supreme Court sentenced each of the five appellants to one year of imprisonment and a fine of 2,000 insular pesos, with corresponding subsidiary imprisonment in case of insolvency. Each was also ordered to pay one-seventh of the costs.
