US V Tolentino Case Digest

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On or about May 14, 1903, Aurelio Tolentino and others presented the theatrical work entitled

“Kahapon, Ngayon at Bukas" written by the defendant-appellant at the Teatro Libertad, in the city of
Manila. It was alleged that the said theatrical work was equipped with seditious words and speeches
and scurrilous libels against the Government of the United States and the Insular Government of the
Philippine Islands, which tend to obstruct the lawful officers of the United States and the Insular
Government of the Philippine Islands in the execution of their offices, and which tend to instigate others
to cabal and meet together for unlawful purposes, and which suggest and incite rebellious conspiracies
and riots, and which tend to stir up the people against the lawful authorities and to disturb the peace of
the community and the safety and order of the Government of the United States and the Insular
Government of the Philippine Islands. That such words and speeches are false and inflammatory, and
tend to incite and move the people to hatred and dislike towards the government and persuade great
numbers of the people of Philippine Islands to commit insurrection, riots, tumults and breaches of
public peace.

The lower court held the appellant guilty of a violation of section 8 of Act No. 292 of the Philippine
Commission which penalizes any person who commits acts which constitute the crime of inciting to
sedition.

Issue:

WoN in writing, publishing, and uttering the drama, the accused was in fact guilty of the crime of inciting
to sedition.

Ruling:

It appears from the evidence in the record that the accused was guilty as charged of any one of these
offenses.

Under Sec. 8 of Act No. 292 of the Philippine Commission, several allied offense or modes of committing
the same offense are defined,viz: (1) The uttering of seditious words or speeches; (2) the writing,
publishing, or circulating of scurrilous libels against the Government of the United States or the Insular
Government of the Philippine Islands; (3) the writing, publishing, or circulating of libels which tend to
disturb or obstruct any lawful officer in executing his office; (4) or which tend to instigate others to cabal
or meet together for unlawful purposes; (5) or which suggest or incite rebellious conspiracies or riots;
(6) or which tend to stir up the people against the lawful authorities or to disturb the peace of the
community, the safety and order of the Government; (7) knowingly concealing such evil practices."

The Supreme Court agreed that the publication and presentation of the drama directly and necessarily
tended to instigate others to cabal and meet together for unlawful purposes, and to suggest and incite
rebellious conspiracies and riots and to stir up the people against the lawful authorities and to disturb
the peace of the community and the safety and order of the Government.

The manifest, unmistakable tendency of the play, in view of the time, place, and manner of its
presentation, was to inculcate a spirit of hatred and enmity against the American people and the
Government of the United States in the Philippines.

The manner and form in which the drama was presented at such a time and under such conditions,
renders absurd the pretense that it was merely or even principally a literary or artistic production, and
the clumsy devices, the allegorical figures, the apparent remoteness, past and future, of the events
portrayed, could not and in fact were not intended to leave the audience in doubt as to its present and
immediate application, nor should they blind this court to the true purpose and intent of the author and
director of the play.

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