GR L 1516; (September, 1907) (Digest)
G.R. No. L‑1516
FACTS
– On 1 Oct 1902 Dominador GĂłmez organized the “Democratic Labor Union of the Philippines” (DLU), adopted a bilingual code of regulations, and disseminated it to roughly 8,000 workers.
– GĂłmez was elected president and continued to serve in that capacity.
– The code granted the union wide powers, including the right to publish a newspaper (“Los Obreros”) and to receive profit shares.
– The prosecution alleged that the DLU was an illegal association whose purpose was contrary to public morals and intended to commit crimes punishable under the Penal Code, citing provisions that supposedly promoted hostility toward the United States government.
– The trial court convicted GĂłmez; the United States appealed.
ISSUE
Whether the evidence presented proved that the DLU’s object and purpose were (a) contrary to public morals, or (b) to commit crimes under the Penal Code, thereby rendering Gómez criminally liable as founder, director, and president of an illegal association under Articles 188 and 189 of the Philippine Penal Code.
RULING
The Supreme Court held that the evidence was insufficient to establish that:
1. The DLU’s object and purpose were contrary to public morals; and
2. The association was intended to commit any Penal Code offenses.
Even assuming Gómez harbored an illegal motive, Article 188 penalizes only the illicit purpose of an association, not the personal intent of its founder. Liability under Article 189 attaches only when the association itself is illegal in its object or purpose. Consequently, the conviction could not stand.
The Court reversed the lower‑court judgment, acquitted Gómez, and ordered costs de oficio.
Concurrence: Chief Justice Arellano and Justices Torres, Willard, and Tracey joined the opinion.
