The Sovereign’s Monopoly on Violence in GR L-960
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The case of The United States v. Bibiano Capisonda is not a mere administrative record; it is the mythic moment where the abstract sovereign power, newly installed by American rule, meets the flesh of the Filipino body. Sergeant Capisonda, standing before the presidencia, fires into the dark and kills a 15-year-old girl, Lucila Marasigan. He invokes duty—a police order to clear the streets after eight o’clock—transforming a personal act into an arm of the state’s disciplinary machinery. Here lies the profound universal truth: the law’s violence is always inaugural, always testing its own boundaries through the fatal exception. The court’s dry parsing of Article 8, paragraph 11, cannot mask the raw narrative of power learning to speak in the language of order, where the first utterance is a gunshot and the first citizen subject to its grammar is a dead child.
This moment crystallizes the tragic collision between imported legal rationality and local lifeworld. The order—“halt three times”—is a procedural incantation meant to legitimize force, yet in the humid night of Gumaga, it becomes a hollow ritual preceding sacrifice. Capisonda, the native enlisted as agent of the new regime, embodies the fractured consciousness of colonial law: he is both its enforcer and its defendant, a tool who must now be judged by the very system he imperfectly enacted. The killing of Lucila is thus a dark founding myth—not of malice, but of bureaucracy’s lethal potential. Her death is the original sin of a legal order that must now judge its own violent birth, attempting to cleanse itself through the courtroom’s reasoned opinion.
The reserved “right to indemnification” for the family echoes as a haunting coda, acknowledging a debt that can never be paid. In this, the case reveals law’s deepest paradox: it seeks to heal the wound it authorizes, to balance ledgers written in blood with the currency of penalties and accessories. The fourteen-year sentence is a measured redemption, but the truth endures—that the sovereign’s monopoly on violence is born in specific acts upon specific bodies. GR L-960 is therefore a foundational parable: every legal system has its Lucila, its Capisonda, its night when order was a bullet crossing a street, and justice the long shadow that bullet casts.
SOURCE: GR L 960; (December, 1902)

