G.R. No. 1513. February 12, 1904

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3 Phil. 323

[ G.R. No. 1513. February 12, 1904 ]




The provincial fiscal of Ilocos Norte filed an information in the Court of
First Instance of that province, charging Casiano Sadian, Monico Dada, Roman
Dacpo, Basilio Sanchez, and Damian Tabonan with having formed a secret political
society, in that during the latter part of June and early in July, 1903, they
met together with others in the forests of some of the barrios of the town of
Paoay, Ilocos Norte, for the purpose of forming a secret political society
entitled “Kanayouan,” the purpose of which was to obtain the independence of the
Philippines by means of insurrection, treason, and rebellion against the
Government of the United States of America in these Islands, this against the
provisions of Act No. 292 of the Civil Commission.

The trial having commenced, Ariston Umayam under oath testified that on
Sunday, July 5, 1903, upon going to a house belonging to a brother of his in the
barrio called Pias, Casiano Sadian, Sergio Sadang, and Sergio Sancali came to
the house, and that upon the invitation of Sadang they all went out into a cane
field; that shortly after Casiano Sadian arrived and asked the witness if lie
desired to join them, and he, being afraid, said that he did.Whereupon, in proof
of his affiliation, Casiano made an incision in his forearm and then wrote the
name of the witness with his own blood; the witness making his cross under his
name; that Sadian then told him that he was to defend his mother country and
fight the Americans; that on this occasion Sergio Sadang and the five accused
were present, and that they surrounded him, all armed with clubs; that on the
following day, the 6th, they took him into the Cabuit forest, and that shortly
after Gavino Umayam arrived in charge of Valentin Butardo, and that they made a
similar incision in his arm, he being surrounded by the accused, who were at
that time armed with bolos and clubs; that after this operation they went with
the witness to Gavino’s hut, and while they were eating the latter told the
witness in private to go and report the facts to the Constabulary stationed at
Badoc, which he did. This witness also testified that Valentin Butardo, as well
as Casiano, asked him if he wanted to fight the Americans, and that he, being
afraid, said that he did; that the leader of them was Sergio Sadang.

Valentin Butardo testified under oath that the defendants had joined the
society or party organized by him and his brother Canuto, and that they did this
voluntarily; he identified the documents, translations of which appear in the
record—the originals are in other cases. The witness stated that he sought out
the accused to induce them to join his party in preparation for the coming
presidential elections, and made the incision in their arms to bind the
obligation so that they should not abandon him on election day, but denied that
he with the others compelled Ariston Umayam and his brother to join the party,
and stated that their names were not on the list, that they had not taken the
oath, and that it was not true that they had gone through the ceremony of

Sergio Sadang testified under oath that Valentin Butardo was the one who made
the incision in the arm of Ariston Umayam when the latter took the oath as a
member of the party which they had organized, but immediately afterwards
testified that Casiano Sadian was the one who made the incision in Umayam’s arm
while he, the witness, but not the other accused, was present. Sergio Sancali
testified that he did not know whether Ariston Umayam was a member of said
party, and only knew by hearsay that the accused were members of it.

The facts upon which the accusations are based, and which have been
established by the testimony of a number of witnesses, constitute the crime
defined and punished by section 9 of Act No. 292, dated November 4, 1901. The
evidence plainly shows that Casiano Sadian, with Valentin Butardo, Sergio
Sadang, and others, organized a secret political society for the purpose of
fomenting rebellion against the constituted government of these Islands and to
obtain the independence of the Islands by means of revolution and war, and that
with this purpose in view they endeavored to induce others to join the party and
to increase the number of members, making incisions in their arms and obliging
them to take an oath to defend the country and to fight against the Americans.
These acts, fully established by the evidence, fall within the provisions of
section 9 of the Act.

The facts related do not constitute the crime of conspiracy defined and
punished in section 4 of the same Act, as no act of conspiracy falling within
that section was committed by the defendants.

Casiano Sadian, the teniente of the barrio of Gaang, plead not- guilty and
testified that Ariston Umayam’s statements were not true; that he was not
present at the time to which this witness referred; that he made the incision in
the arm of the witness Valentin Butardo as a sign of fraternity, believing that
their purpose in connection with the election of a president was a proper one,
and that several other persons went through the ceremony of incision, among them
the other accused; that at the time this ceremony was performed an oath was
taken to defend the mother country with the last drop of blood; he denied that
he had accompanied Valentin Butardo in making incisions in the arms of other
persons, and that the only persons who had done this by force and violence were
Valentin Butardo, Sergio Sadang, Juan Navarro, and Ruperto Madamba.

Roman Taboan, Roman Dacpo, Monico Dado, and Basilio Sanchez testified that at
the instance of Valentin Butardo they joined the party which he and others had
formed, and that for this purpose they took, an oath binding themselves to
defend the country with their lives, but denied having been present when the
ceremony of incision was performed on Ariston Umayam, and that they were unaware
that this ceremony was peculiar to the revolutionists. These four defendants did
not appeal from the judgment of the court below, and therefore as to them the
decision of the court is final, and this appeal is limited to the appellant,
Casiano Sadian.

Notwithstanding the denial of the accused Sadian, the evidence of his guilt
is more than sufficient. It shows that he was one of the men who organized the
secret political society entitled “Kanayouan,” and that he was tone of those
actively engaged in obtaining proselytes among his fellow-townsmen, availing
himself of his office as teniente of the barrio and availing himself of the
ignorance of his neighbors. For the purpose of organizing the society he acted
with criminal intent, with full knowledge and the determined purpose of
fomenting a rebellion against the government in these Islands, and consequently
he is subject to the personal and pecuniary penalty established by section 9 of
Act No. 292.

Therefore, for the reasons stated, we are of the opinion that the judgment
appealed must be reversed in so far as’ it concerns Casiano Sadian, and that the
latter must be convicted and condemned to one year’s imprisonment and to pay a
penalty of 2,000 insular pesos, and in case of insolvency to suffer imprisonment
at the rate of one day for each 2 1/2 pesos which he may be unable to pay, the
subsidiary imprisonment, however, in no case to exceed the third part of the
period of the principal penalty, in accordance with the provisions of article 50
of the Penal Code. He is also condemned to the payment of one-fifth of the costs
of both instances. The case will in due time be remanded with a certified copy
of this decision and of the judgment to be entered hereon. So ordered.

Arellano, C. J., Cooper, Willard, Mapa, McDonough, and Johnson,

Date created: January 17, 2019


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