Monday, February 8, 2010

People vs Tahil and Tarson

Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!

People vs Tahil and Tarson
G.R. No. L-5803
November 29, 1954

Facts:


The appellants, Datu Tahil and Datu Tarson, were convicted in the Court of First Instance of Sulu of the crime of rebellion, Datu Tahil being sentenced to ten years' imprisonment and to pay a fine of $10,000, and Datu Tarso to five years' imprisonment and to pay a fine of $5,000, with sudsidiary imprisonment in case of insolvency in regard to Datu Tarson.

Having encountered certain difficulties in the collection of the land and the personal cedula taxes among the resident of Patikul, due to their refusal to make this payment, the provincial governor of Sulu, Carl Moore, turned the matter over to Lieutenant Angeles of the Constabulary for the purpose of employing such means as he might consider convenient to overcome these difficulties. Datu Tahil, then the third member of the provincial board of Sulu, being amongst those who refused to make this payment, Lieutenant Angeles tried and succeeded in having a conference with him, in which Datu Tahil suggested that he return the following day because he would call meeting of his people at his house in Liang in order to discuss the matter with them. Lieutenant Angeles went to Datu Tahil's house the day following this meeting and found about 70 persons present. After Lieutenant Angeles has explained to all the importance of the Government's collecting the land tax, Datu Tahil took several of those present into a room for a secret conference, after which he informed Lieutenant Angeles that he, personally, had no objection to paying the tax, but the others asked time to do so.

On January, 1927, the provincial fiscal filed a complaint against Datu Tahil and his followers charging them with sedition, and the proper warrant of arrest was issued on the 15th. Governor Moore, however, did not wish to proceed on this warrant of arrest and tried to persuade Datu Tahil and his followers to desist from their intention, using the influence of other prominent Moros to this end. Governor Moore even tried to have a conference with Datu Tahil for the same purpose, but was unsuccessful because he was informed that they intended to attack him. On January 30, the governor delivered the search warrant.

Issue:

Whether or not the appellants committed sedition or rebellion?

Held:

The facts proven, however, constitute the crime of sedition, defined in section 5 of Act No. 292, and not of rebellion according to section 3 of the same law, the acts committed being limited to preventing the Government officials, throught force, from complying with their duties in connection with the judicial order, the enforcement of which was entrusted to them.

Thus, the crime committed is that of sedition, and the fine imposed upon Datu Tahil is therefore reduced to $5,000 and that imposed upon Datu Tarson to $2,500, the judgment appealed from being affirmed in all other respects, with the costs against the appellants. So ordered.

Case Digest by: cbcabalza2010

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