G.R. No. L-1451

FACTS:
Aurelio Tolentino was convicted for violating Section 8 of Act No. 292 (the Sedition Law). The information charged him with uttering seditious words and publishing scurrilous libels against the Government of the United States and the Insular Government of the Philippine Islands through the public presentation of a Tagalog drama entitled “Kahapon, Ngayon at Bukas” (Yesterday, Today, and Tomorrow) at the Teatro Libertad in Manila on May 14, 1903. The prosecution alleged that the play’s content tended to incite rebellion, stir up the people against lawful authorities, and disturb public order.

ISSUE:
Whether the writing, publication, and presentation of the drama “Kahapon, Ngayon at Bukas” constituted a violation of the sedition law under Section 8 of Act No. 292.

RULING:
Yes. The Supreme Court affirmed the conviction. The Court held that it was unnecessary to determine if the drama was “scurrilous,” as the law enumerated several distinct modes of committing the offense. Applying the ruling in United States v. Dorr, proof of any one substantive charge is sufficient for conviction. The Court found that the play’s manifest tendency, considering the time and circumstances of its presentation (shortly after the establishment of Civil Government while insurrectionary sentiments persisted), was to instigate unlawful assemblies, incite rebellious conspiracies, stir up hatred against the American government, and disturb public safety and order. The author’s intent to incite armed resistance could be inferred from the work’s content and context. The penalty imposed (a fine not exceeding $2,000 or imprisonment not exceeding two years) was within the statutory limits and at the trial court’s discretion.