THE PEOPLE OF THE PHILIPPINE ISLANDS, PLAINTIFF AND APPELLEE, VS. CRISANTO EVANGELISTA, JACINTO G. MANAHAN AND DOMINADOR J. AMBROSIO, DEFENDANTS AND APPELLANTS.

Crisanto Evangelista, Jacinto G. Manahan, and Dominador J. Ambrosio were
charged in the Court of First Instance of Manila with a violation of section 8
of Act No. 292 of the Philippine Legislature upon the following information:

“That on and during the month of November, 1930, and for sometime prior and
subsequent thereto up to the date of the filing of this information, in the City
of Manila, Philippine Islands, the above-named accused were the founders,
organizers, promoters, directors and leading members of a society, association
or organization called the Partido Komunista sa Pilipinas (Communist Party of
the Philippines), the principal object of which is to incite a revolt of the
proletariat or the laboring class and which advocates, urges and preaches, among
other things, the following: ”

“The Philippines, as a subject nation, in order to establish an independent
gpvernment, has to revolt under the leadership of the laborers.

” ‘* * * It is clear that the different political parties of the burgesses
(Nacionalista-Consolidado, Democrata, etc.) are no different from one another.
They have but one aim; to rise into power and exploit, with independence or not;
to enrich themselves and strengthen the control of a government which is
precapitalist and proimperialist.

” ‘Because of these, we need a Communist Party, one that is not,reformist but
revolutionary. Only by revolutionary means can we demolish the slavery of one
man by another and of one nation by another nation * * *.

” ‘The principal ideal of the C. P. P. (Communist Party of the Philippines)
in its desire to head the Philippine Government is different from that of the
burgess political parties. Its aim is not to strengthen the capitalist
government but to engender-as it cannot be avoided-the war of the classes and to
bring about its downfall. Therefore, the aims of the C. P. P. are the following:

” ‘1. To lead the movement for the immediate and complete independence of the
Philippines;
” ‘2. To fight and bring about the downfall of American
imperialism which oppresses the Philippines;
” ‘3. To stop the exploitation
of the laborers and defend their rights and interests;
” ‘4. To establish in
the Philippines a Soviet government under the laborers;
” ‘5. To bring about
the downfall of capitalism.
” ‘6. Under the dictatorship of the laborers, to
emancipate and redeem the laborers and farm hands,-to embrace communism.

” ‘With these high ideals the Communist Party of the Philippines will be
established, And inasmuch as these ideals are the same as those of the C. I.
(Communist International), the C. P. P. will extend its full help for the
redemption and welfare of the laborers.

” ‘* * * Here in the Philippines, American imperialism is being feught also.
The reluctance of the Moros in paying taxes to the Government, the disorders in
the large haciendas, the farmers resisting the owners and the Constabulary, the
strike of the high-school students, the uprising of the colorums, and the
oppression of the imperialists and capitalists of the laborers, are symptoms of
a movement, which if carried on with unity, will perforce bring about the
downfall of American imperialism and the obtaining of Philippine
independence.

” ‘Before achieving this ultimate ideal of the C. P-P. we will have you take
other steps. First, to overthrow American imperialism which oppresses the
Philippines; second, to overthrow capitalism and feudalism; third, to seize the
power in the government; fourth, the establishment of labor dictatorship; fifth,
the bringing about of class consciousness and class struggle and the prompt
establishment of communism.

” ‘Under this state of affairs, a struggle is indispensable. This struggle
may be peaceful or violent, but just the same it will be a bitter struggle,
where life and death will be staked.

” ‘For the prompt overthrow of the institutions of capitalism, and for the
purpose of opening the eyes of the people that the imperialists are not really
in earnest about giving subject peoples their independence-because independence
is an enemy of oppression and exploitation-unless their downfall is brought
about, it is necessary to struggle, not only during elections.

” ‘The difference of the revolutionary movement advocated by the C. P. P. is
not found only in its principal ideal but in the steps that it will take. While
the reformists advocate understanding and cooperation with the burgesses or
capitalists, the movement of the laborers is based on the principle of class
struggle. Instead of cooperating with the enemy we should muster our own
strength and fight our enemies. And in order to achieve this union, strong and
powerful, it is necessary that we should counteract every move that will tend to
prejudice the laborers.

” ‘In view of the revolutionary campaign of the C. P. P. for the sake of the
laborers and farm workers, the capitalists and imperialists will become more
violent and antagonistic toward them. And inasmuch as the capitalists and
imperialists have control of the government, it is not impossible that they will
use their power to more violently oppress us; in such a case they will make it
clear that their ideals are inconsistent with those of the laborers. When that
day comes, the class struggle and the revolution will redouble their force, for
they will be forced to defend themselves by rising in revolt against the
oppression they are being subject to by means of the power of the state.

” ‘For the obtaining of the partial demands to be made by the C. P. P., it is
necessary that all the laborers and farm hands, now divided by their different
industrial organizations, be united. * * * If the factory laborers and farm
hands organizations are already established, and ready for the struggle, and if
their movement is already under the leadership of the proletariat thru the C. P.
P., it will endeavor to make the movement more vigorous for the purpose of
obtaining its partial demands until the time comes when the factory laborers and
farm hands are able to wrest the control of the Government from the capitalists
and imperialists and place it in the hands of the sons of the sweat.’

“That the said accused as such founders, organizers, promoters, directors
and. leading members of the said Partido Komunista sa Pilipinas, conspiring and
confederating together and helping one another for the purpose of carrying out
the objects of said society, association or organization, did then and there
willfully, unlawfully, feloniously, and at various public meetings or gatherings
held in different parts of the City of Manila, under the auspices of the
aforesaid Partido Komunista sa Pilipinas, utter, make and deliver seditious
words and speeches, such as, that the laborers in the Philippines had a common
cause with the revolting peoples of the colonies of the different nations and
they must prepare to fight in getting the Government into their hands and to run
it by themselves and for themselves like the poor people in Kussia; that it was
time for the poor and laboring class to realize that the present administration
was for the rich people only, neglecting the welfare of the poor and the
laboring class, and the said laboring class should stand as the Russian laborers
did; that when the laborers were united, neither the Constabulary, nor the
United States Army, nor the Imperialist Governor-General could stop them when
they rose up as one body in order to free themselves from slavery by the
capitalists; that America was cunning and coward, as evidenced by the fact that
when she entered the World War, her enemies were already weak; that the
Philippine Government was an institution for the rich and for the higher-ups and
not for the laborers and the poor; that the Constabulary and the police were the
ones who made troubles to the laborers because they were the agents of the
American Imperialists in the Islands and they were used as instruments by the
American Imperialist Government; that uniting together the laborers could down
the American Imperialist Government, and other terms and expressions of similar
tenor and import;

“That the said accused read and caused to be read to the crowd attending
their public meetings or gatherings, the constitution and by-laws of the said
PartMo Komunista so Pilipinas and solicited subscriptions for membership in
their said society, association or organization;

“That the contents and spirit of said constitution and by-laws of the said
Partido Komunista sa Pilipinas as well as the words and speeches uttered, made
and delivered by the said accused as hereinabove stated constitute scurrilous
libels against the Government of the United States and of the Philippine
Islands, and are highly seditious in that they suggest and incite rebellious
conspiracies, and tend to instigate others to cabal and meet together for
unlawful purposes ; to stir up the people against the lawfully constituted
authorities, and to disturb the peace of the community and the safety and order
of the Government, as well aa to disturb and obstruct the lawful authorities in
executing their “office.”

The assignments of error relate only to questions of fact. It appears that on
the night of November 7, 1930, a large meeting was held in the City of Manila to
celebrate the 13th anniversary of the Union of Socialist Republics of the
Soviets. The herein accused Dominador J. Ambrosio read the constitution and
by-laws of the Communist Party of the Philippines. From the documents it
appeared among other things, that the purpose of the Communist Party of the
Philippines is to promote the struggle and antagonism of classes, and to
establish an independent Philippine Government; that a revolution like that
initiated by Andres Bonifacio is necessary; that the State was created to serve
as a tool for tyranny; that through the laws the people are compelled to submit
to the wicked means of exploitation of,the capitalists; that the duty of the
Communist Party is to teach the people to fight and overthrow the government
established in the Philippines; and that in order to seize the power of the
State by the use of force, the laborers must be united.

At the same meeting the accused Crisanto Evangelista also spoke. He explained
the advantages of the Russian Government and the means which had been employed
by the laboring class of Russia to establish its present government, citing
certain insurgent colonies of different nations as other examples.

At the same meeting pamphlets were distributed, and in one of them, which is
the manifesto of the Katipunan nmg mañga Anak Pawis sa Filipinas, appear the
following statements:

“Due to the success of Soviet Russia, revolutions were incited in the whole
world. * * * The idea of revolution spreads itself, struggles become more and
more serious but the labor movement continues on the path travelled by the
Russian laborers-the Bolsheviks. What is that path? The seizure of the power of
the government from the hands of the burgesses and the establishment of a
government by the laborers. * * *

“* * * Only in this way we would be victorious in the revolutionary movement
of the laborers. * * *” Subsequently to that date, November 7, 1930, and up to
February 2, 1931, several meetings were held under the auspices of the said
Katipunm nang manga Anak Pawis sa Filipinas, whereat Crisanto Evangelista
delivered speeches advocating revolution as a means for improving the condition
of the laboring class. Thus at the meeting held November 17, 1930, he said,
among other tilings, “All the laboring classes of the country should organize
themselves into unions, and said unions must form another bigger association, so
that when that is accomplished, no armed force could prevent them from uprising.
No Constabulary would be able to prevent us from uprising, if we are united as
one single body.” At the meeting held November 26, 1930, he said that, if a
laborer is dismissed by his employer and he has nothing with which to support
his family, he could rob; that robbery is not against the law. He further said:
“It is necessary to overthrow the government of the capitalists, imperialists
and burgesses, and substitute it by another government like that of Soviet
Russia. How can we do so? By our union through the Katipunan nang manga Anak
Pawis and the Communist Party because if we are united, we would not fear any
cannon, gun, or sword, and they could not prevent us from doing so because of
our union and force.” The same revolutionary tendency is noted in all his
speeches delivered at the other meetings.

As to the accused Jacinto Manahan, the evidence shows that at the meeting
held December 14, 1930, he delivered a speech, challenging any other person to a
discussion as to what form of government is good, wherein he would defend the
Soviet Government of the Bolsheviks.

The facts above stated clearly constitute a violation of section 8 of Act No.
292, as amended by Act No. 1692,, which reads as follows:

“SEC. 8. Every person who shall utter seditious words or speeches, or who
shall write, publish or circulate scurrilous libels against the Government of
the United States or against the Government of the Philippine Islands, or who
shall print, write, publish, utter or make any statement, or speech, or do any
act which tends to disturb or obstruct any lawful officers in executing his
office or in performing his duty, or which tends to instigate others to cabal or
meet together for unlawful purposes, or which suggests or incites rebellious
conspiracies or which tends to stir up the people against the lawful
authorities, or which tends to disturb the peace of the community or the safety
or order of the Government, or who shall knowingly conceal such evil practices
from the constituted authorities, shall be punished by a fine not exceeding two
thousand dollars United States currency or by imprisonment not exceeding two
years, or both, in fhe discretion of the court.”

The appellants have circulated pamphlets containing the constitution and
by-laws of the Communist Party of the Philippines, and delivered speeches,
advocating the ideas of the Communist Party of the Philippines, which are highly
seditious and revolutionary, as expounded in said constitution and by-laws and
their speeches themselves.

The defense contends that the expressions attributed to the appellants cannot
be held to be accurate reproductions or extracts of their speeches because the
agents who made the extracts were proven at the trial to be incapable of making
an extract of the message of the Governor-General. This contention is clearly
untenable, because to make a report of the substance of a speech delivered in
popular meetings on simple matters such as revolution, fight, over-throwing of
government by violence and the like, there is no need of any skill at all. The
orators themselves, knew that the audience understood them and they spoke in the
manner the common people could understand. Besides, if those extracts were not
accurate, it was not difficult for the appellants to present evidence to
contradict them; on the contrary, the testimony of some of the accused confirmed
said extracts and none of them denied the same.

The defense made by the appellants that section 8 of Act No. 292 was not
violated because no disturbance or disorder took place is clearly untenable in
view of the doctrine laid down in the case of People vs. Perez (45 Phil., 599).
It is not necessary that there should be any disturbance or breach of the peace
in order that the act may come under the sanction of the Penal Code. It is
sufficient that it incites uprising or produces a feeling incompatible with the
permanency of the government. Nor can the acts charged be considered as mere
expositions of doctrines in abstracto, coming within the exemption set out in
Gitlow vs. People of New York (268 U. S., 652).

Another point set up by the defense in support of the proposition that the
accused did not advocate armed revolution is the fact that they presented
themselves as candidates in the past elections. This defense is also untenable.
The evidence is conclusive that when the appellants and the Communist Party
advocated revolution, they did not mean any peaceful revolution, but
specifically said that they meant revolution like that initiated by Andres
Bonifacio which led the Katipunan to take arms, against the advice of Doctor
Rizal who advocated peaceful means in the fight for independence.

The appellants finally contend that they should be acquitted because the acts
charged in the information do not constitute any crime under the Revised Penal
Code. This is also untenable. Article 142 of the said Code punishes the act of
inciting sedition by speeches, manifestos, emblems, caricatures, and other
means. And sedition, according to article 139 of the same Code, is the public
and tumultuous uprising to attain by force any of the purposes therein
enumerated, among which, is the act of preventing the government from freely
exercising its own functions.

The expressions contained in the constitution and by-laws of the Communist
Party, as well as the utterances made by them in their meetings, incite the
people to uprise and overthrow the Government by force and arm, therefore, under
the sanction of the Revised Penal Code. Nor can the appellants claim any other
benefit under the new Code because the penalty under article 142 of said Code,
which is prision correctional in the maximum degree, is higher than the penalty
provided in section 8, of Act No. 292, as amended by Act No. 1692, which cannot
exceed two years’ imprisonment.

The appealed judgment is affirmed, with one-third of the costs against each
of the appellants. So ordered.

Avanceña, C. J., Street, Malcolm, Tillamor, Villa-Real, Hull, Vickers,
and Imperial, JJ., concur.