GR 937; (September, 1902) (Digest)
G.R. No. 937 : September 11, 1902
THE UNITED STATES, complainant-appellee, vs. MIGUEL MONTON, ET AL., defendants-appellants.
FACTS:
In early October 1901, Eleno Afable, the town crier of Pola, Mindoro, was captured by insurrectionary soldiers while on a personal errand. He was taken to a camp of 150-200 revolutionary soldiers commanded by Raymundo Corcuera. A council, which included defendants Buenaventura Paola and Modesto Ramos, was convened to investigate Afable. The council concluded he was an American spy, and Corcuera ordered his execution. Defendant Brigido Jimenez commanded a six-man guard, which included defendant Victorio Pilar, to carry out the order. Defendant Miguel Monton decapitated Afable in the forest, and the body was mutilated and buried. The five defendants were subsequently tried and convicted for murder. The first four were sentenced to death, and Pilar was sentenced to twelve years and one day of cadena temporal. The case for the four sentenced to death came to the Supreme Court en consulta. A joint motion was filed seeking the defendants’ discharge based on the amnesty proclamation of July 4, 1902.
ISSUE:
Whether the defendants are entitled to the benefits of the amnesty proclamation of July 4, 1902, for the crime of murder.
RULING:
Yes, the defendants (except Victorio Pilar, whose case was not properly before the Court) are entitled to amnesty. The Court ruled that the murder of Eleno Afable was a political crime, as it was committed by participants in the insurrection against the United States pursuant to an order from a superior officer. The Court found that all defendants were participating in the insurrection at the time. Therefore, they fell within the scope of the amnesty proclamation. The four defendants whose cases were before the Court (Buenaventura Paola, Modesto Ramos, Miguel Monton, and Brigido Jimenez) were declared entitled to the benefit of the amnesty upon filing the prescribed oath. The Court directed their discharge upon compliance. No order could be made regarding Victorio Pilar as he did not appeal and his case could not come en consulta.