G.R. No. 1989 : January 23, 1905
THE UNITED STATES, complainant-appellee, vs. CELEDONIO NERY, defendant-appellant.

FACTS:
The defendant, Celedonio Nery, was charged with the crime of sedition under Act No. 292. He was a Constabulary soldier stationed in San Jose, Nueva Ecija. In February 1903, the Constabulary post was attacked by an armed band known as the “Santa Iglesia” led by Felipe Salvador. During the attack, Nery, who was acting as corporal of the guard, left his post and departed with the retreating band. He was later captured while in the company of said band. The Court of First Instance of Nueva Ecija found the evidence insufficient to convict for sedition but found him guilty instead of violating Section 1 of Act No. 619 (An Act to promote good order and discipline in the Philippines Constabulary). He was sentenced to five years of de presidio and to pay costs.

ISSUE:
Whether a Court of First Instance, in a case where a defendant is charged with sedition, can convict the defendant of a violation of Act No. 619, which governs discipline within the Constabulary.

RULING:
No. The Supreme Court reversed the sentence of the lower court. The Court held that the offense defined in Section 1 of Act No. 619 is not a cognate or included offense of sedition under Act No. 292. Act No. 619 is purely disciplinary, punishing acts of opposition or defiance against “superior authority in the Constabulary.” In contrast, sedition under Act No. 292 punishes resistance to the lawful authority and laws of the Government itself. Since a violation of Act No. 619 is not a cognate offense to sedition, a conviction under the former cannot be sustained under a complaint exclusively charging the latter. The case was remanded with an order for the provincial fiscal to file a proper complaint under Act No. 619 within ten days.