G.R. No. 1643. January 12, 1905

The Court of First Instance found the defendants guilty of the crime
of insurrection and sentenced them to five years’ imprisonment, with
the exception of Saturnino de la Cruz, who was sentenced to eight years.

We find the offense with which the defendants are charged to be
sufficiently proved, in so far as Saturnino de la Cruz, Gil Cervantes,
Pio Quinto, and Adriano Reyes are concerned. The first, Saturnino de la
Cruz, confessed before the Constabulary inspector, Mr. Mcllvane, freely
and voluntarily, according to the latter’s statement, that he was a
colonel of the Katipuneros under the command of Julian Santos
and Apolonio Sanson, and that his codefendants were his soldiers. And
it is proved by the statement of the same Inspector Mcllvane and that
of A. Dancel, provincial governor of Rizal, that the Katipunan
association is organized for the purpose of promoting and supporting
the rebellion against the Government of the United States in the
Philippines. The certainty of what has been confessed by Saturnino de
la Cruz appears corroborated, with reference to the four named
defendants by the testimony of Dionisio Barretto, who says that one
night in January, 1903, he was sequestrated by Saturnino de la Cruz,
Pio Quinto, and Gil Cervantes and taken to the house of Saturnino,
where he was compelled to sign a document wherein it was stated that
those affiliated proposed to overthrow the Government now constituted
in the Philippines and establish another in lieu thereof, and they said
to him that if he signed and agreed with such plans he would be treated
as their brother, but that otherwise they would kill and deprive him of
his house. The witness further states that several persons were present
at the act of signing that document in the house of Saturnino de la
Cruz, and among said persons he saw the defendant Adriano Reyes.

As regards the other defendants, the evidence does not furnish
sufficient proof of their guilt in the record, as the statement made by
Saturnino de la Cruz before Inspector Mcllvane, is not corroborated in
any other way (not even one of those defendants being present), that
they were his soldiers, can not be considered as such; nor the mere
fact, immaterial in itself, that Doroteo Calibio was in company of
Saturnino de la Cruz when both were arrested while walking on one of
the streets of the town of Navotas. Outside of this, the case gives no
other facts tending to prove the charge made against the said
defendants.

Therefore we affirm the judgment below as regards the defendants
Saturnino de la Cruz, Gil Cervantes, Pio Quinto, and Adriano Reyes,with
four-eighths of the costs of this instance charged against them; and
reverse the said judgment as regards Doroteo Calibio, Gaspar Aragon,
Andres Maximo, and Jose Agustin, who are hereby acquitted with the
remaining four-eighths of the costs in both instances de oficio. So ordered.

Arellano, C. J., Torres, Johnson, and Carson, JJ., concur.