G.R. No. 18853 ; August 22, 1922
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. EXEQUIEL ALIPIT and VICTORIO D. ALEMUS, defendants-appellants.

FACTS

The accused, Exequiel Alipit (Municipal President) and Victorio D. Alemus (Chief of Police) of Cabuyao, Laguna, forcibly entered the session hall where the municipal council, presided over by Vice-President Manuel Basa, was holding a meeting. Alipit, after firing a revolver in the air, ordered Alemus to arrest Vice-President Basa. Alemus complied, arresting Basa and taking him to jail, while Alipit followed with a revolver. Alipit also threatened to arrest anyone who continued the meeting, causing the councilors to disperse. The meeting was investigating a petition questioning Alipit’s eligibility due to minority. The trial court convicted them of coercion through illegal detention.

ISSUE

Whether the appellants are guilty of a crime for forcibly interrupting and dissolving the municipal council meeting.

RULING

Yes. The Supreme Court modified the conviction. The appellants violated Section 1 of Act No. 1755 , which penalizes any person who willfully disturbs or prevents the meeting of a municipal council. The meeting was entitled to a presumption of legality, and the appellants, especially as municipal officials, had no right to violently interrupt it based on a claimed defect (lack of notice to some members). Alipit’s personal interest in the matter being investigated disqualified him from participating, negating his claim about the meeting’s illegality. Alemus’ defense of obeying a superior’s order fails as the order was patently unlawful. The Court sentenced Alipit to three years imprisonment and Alemus to one year imprisonment.