People v. Butardo
REITERATIONFacts
The Antecedents: On August 25, 1903, the provincial fiscal of Ilocos Norte filed a complaint charging Canuto Butardo with administering and consenting to the administration of an oath in support of an agreement by which individuals obligated themselves to defend their native land against the Government of the United States and to refrain from revealing the agreement, contrary to Act No. 292. Procedural History: The Court of First Instance of Ilocos Norte found the defendant guilty and sentenced him to six years imprisonment at hard labor, a fine of $5,000 gold, and costs. The defendant appealed this judgment. The Appeal: The defendant-appellant contested the judgment of the trial court, arguing that his purpose was to form a lawful society for the election of a president and the expiration of evil practices, that the document was written in 1897, that he fled the municipal prison to look for companions in concealment, and that incisions were a custom for electors to prevent treason. The prosecution contended that the facts proven constituted the offense defined and punished by Section 12 of Act No. 292.
Issue(s)
Whether the acts of the accused, including administering an oath, making incisions, and holding secret meetings, constitute a violation of Act No. 292 for disturbing the public peace or committing a criminal offense against the constituted government. Whether the accused's defense that he was forming a lawful society for election purposes is credible given the nature of the oath and ceremonies.
Ruling
The Supreme Court reversed the judgment of the trial court regarding the crime of conspiracy but convicted the accused of the offense defined and punished by Section 12 of Act No. 292. The accused was condemned to suffer imprisonment for the period of one year and to pay a fine of 2,000 insular pesos, with subsidiary imprisonment in case of insolvency. Costs of both instances were also awarded.
Ratio Decidendi
On Issue 1: The Supreme Court found that the facts proven in the case constituted the offense defined and punished by Section 12 of Act No. 292. The accused, Canuto Butardo, compelled inhabitants by threats to take an oath to act in accordance with his purposes and not to reveal their undertaking. The performance of incisions on the arms of associates and the holding of secret meetings in fields and forests were recognized as proceedings adopted by revolutionists. The contents of the document found, combined with the oath and incisions, demonstrated that the oath was required for the purpose of disturbing the country and opposing the constituted Government. Therefore, the accused, as the author of the document and perpetrator of these acts, was subject to the penalty prescribed by law. On Issue 2: The Supreme Court did not believe the statements of Butardo regarding his purpose to form a lawful society for the election of the president and the expiration of evil practices. The Court found it incredible that the document was written in 1897 and that incisions were a custom for electors to prevent treason. This disbelief was based on the fact that the document was used by the accused and others when the oath was administered and the ceremony of incision performed in the barrios of Paoay. Furthermore, there was no evidence that administering an oath and performing incisions under secrecy was a custom preliminary to municipal elections in that town. Such proceedings were deemed to be of a revolutionary character, practiced by members of Katipunan societies, thus negating the accused's defense.
Main Doctrine
The act of administering an oath, particularly one that obligates individuals to defend their country against the constituted government and to maintain secrecy, coupled with coercive measures such as threats and physical marks like incisions, falls under the purview of offenses designed to disturb the public peace or commit criminal offenses against the government. Such actions are considered revolutionary in character and are punishable under the law.