People v. Evangelista
REITERATIONFacts
The Antecedents: Crisanto Evangelista and others were accused of affiliating with and becoming members of the Communist Party of the Philippines, an alleged illegal association. The information stated that the Party's principal purposes were to bring about, by force, the downfall of the present form of government and establish a Soviet-patterned government, to incite revolt among the laboring class, and to combat the fundamental basis of the social order. The accused allegedly assembled under the name Katipunan ng mga Anak pawis sa Pilipinas, another association with similar illegal aims. Procedural History: The Court of First Instance of Manila convicted most of the accused, acquitting a few. The convicted accused appealed to the Supreme Court. The Petition: The convicted accused appealed their conviction for the crime of illegal association.
Issue(s)
Whether the Communist Party of the Philippines is an illegal association. Whether the accused are guilty of being members of an illegal association. Whether the penalty imposed is correct.
Ruling
The judgment appealed from is affirmed, with costs against the twenty defendants.
Ratio Decidendi
On whether the Communist Party of the Philippines is an illegal association: The Court held that the Communist Party of the Philippines is an illegal association. According to the constitution and by-laws of the Party, its purpose is to overthrow the present form of government by any means necessary, especially armed revolution, and to incite class struggle. Such an objective directly contravenes Article 188 of the Penal Code, as substituted by article 24 of the Royal Decree of September 12, 1897, which defines illegal associations as those whose object is against public morals, to commit some crime, or to attack the fundamental basis of the social order or alter the regularity of its functions. The Court cited decisions of the Supreme Court of Spain and reports from the United States Senate indicating that force and violence are inseparable from communist programs. The Court also noted that the Supreme Court of the United States upheld a law prohibiting the display of the communist red flag as a sign inciting sedition and disorderly opposition to the government, reinforcing the view that such associations are inherently dangerous to the social order. On whether the accused are guilty of being members of an illegal association: The Court found that the appellants were or had been members of the Communist Party of the Philippines. Evidence presented included their presentation as candidates for various offices under the Communist Party banner in the last elections, and speeches delivered by some accused advocating the Party's ideas and urging laborers to join it. Crisanto Evangelista expressly admitted his affiliation with the Party and testified that its purpose was to overthrow the government by any means necessary, including armed revolution. Catalino Monroy admitted having gone to Russia as a delegate of a related association. The Court found that the appellants did not deny their membership, and their actions clearly demonstrated their affiliation and active participation in the Party's activities, thus establishing their guilt beyond reasonable doubt. On whether the penalty imposed is correct: The Court upheld the penalty of confinamiento for eight years and one day, imposed by the trial court under paragraph 5, article 190 of the old Penal Code, as substituted by article 26 of the Royal Decree of September 12, 1897, in connection with articles 28 and 114 of the same Code. The appellants' contention that this penalty is erroneous because the Revised Penal Code eliminated confinamiento was rejected. The Court reasoned that the act occurred under the sanction of the old Code, and the penalty of confinamiento provided therein was lighter than that provided by the new Code in its article 147, which is prision correccional and arresto mayor and fine. Therefore, the application of the old Code's penalty was proper and even beneficial to the appellants.
Main Doctrine
The Communist Party of the Philippines, with its stated objectives of overthrowing the existing government by force and inciting class struggle, constitutes an illegal association under Article 188 of the Penal Code, as amended. Membership and active participation in such an association are punishable offenses.