G.R. No.
L-18853 August 22, 1922
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee,
vs.
EXEQUIEL ALIPIT and VICTORIO D. ALEMUS, defendants-appellants.
ROMUALDEZ, J.:
FACTS:
The accused Exequiel Alipit had been elected municipal president of Cabuyao, Laguna.
Agustin Dedicatora and others petitioned the Executive Bureau not to confirm said
election, because said president-elect was a minor. The matter was referred by the
Executive Bureau to the provincial board of Laguna for investigation. The provincial board
in turn transmitted the papers to the municipal council of Cabuyao, which proceeded to
make an investigation, three meetings having held for the purpose, which were presided
over by president Alipit, who left the chair to vice-president Manuel Basa as soon as the
aforesaid investigation came up for discussion. On the 30th of May, 1920, the municipal
council held an extraordinary meeting which was presided over by vice-president Basa
because the hour fixed had come without the president being present. While the meeting
was being held, the accused Victorio Alemus, then the chief of police of that municipality,
entered the room, saying that he had an order from the president to arrest vice-president
Basa. Basa answered that he had not committed any crime. A few minutes thereafter
president Alipit arrived at the municipal building and after taking one of the revolvers in
the police office, fired a shot in the air, entered immediately the room where the meeting
was being held and said in a loud voice to the chief of police who was there: "Arrest him,
arrest him," pointing out the vice-president. The chief of police obeyed the order, holding
the vice-president by the arm and taking him to the jail, president Alipit following them
with the revolver in his hand.
Shortly afterwards, councilor Delfino asked president Alipit if they could continue the
meeting to the end, to which Alipit answered: "Whoever dare continue holding the meeting
will be arrested." the councilors then dispersed, leaving the premises. By his order, the
three soldiers watched vice-president Basa and held him incommunicated in the jail until
about two o'clock in the evening, when he was released by the provincial governor who
had come there.
The information for coercion through illegal detention was filed against the accused.
Thereafter, trial court found them guilty of the offense charged under articles 497, in
connection with article 89, of the Penal Code, to five months of arresto mayor and fine of
1,500 pesetas, with subsidiary imprisonment in case of insolvency, the accessory
penalties and costs.
ISSUE:
Whether or not the trial court erred in convicting the accused for the crime charged
HELD:
We find no error in the judgment appealed from, except as regards the
denomination of the crime and the imposition of the penalty.
The information charges the accused with the crime of coercion and the trial court found
them guilty of arbitrary detention as a means to commit coercion. We are of the opinion
that the law violated by the accused is Act No. 1755, which in its section 1, says:
Any person who willfully or by force or fraud prevent or attempts to prevent the meeting
of the Philippine Commission or the organizing or meeting of the Philippine Assembly or
of any Insular legislative body of the Philippine Islands hereafter established, or the
meeting or organizing of any provincial board or municipal or township council, and any
person who willfully disturbs the Philippine Commission or the Philippine Assembly, or in
Insular legislative body of the Philippine Islands hereafter established, or any provincial
board or municipal or township council, while in session, or who is guilty of any disorderly
conduct in the immediate view or presence of any such body tending to interrupt the
proceedings of such body or to impair the respect due to its authority, shall be punished
by a fine of not more than two thousand pesos or by imprisonment for not more than five
years, or by both, in the discretion of the court.
And in view of the allegations contained in the information herein, the accused may, and
must, be convicted of a violation of said section 1 of this Act and punished accordingly.
Regard being had of the gravity of the act committed, as well as the respective condition
and position of the accused, Exequiel Alipit is hereby sentenced to three years'
imprisonment and Victorio Alemus to one years' imprisonment, with the costs against
them. The judgment appealed from being thus modified, the defendants are found guilty
of a violation of section 1 of Act No. 1755 and punishable with the penalty thereby
provided. So ordered.
