US vs. Ravidas (Art 137)

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United States vs.

Ravidas March 14, 1905


G.R. No. 1503 (Art. 137 – Disloyalty of Public Officers or Employees)

Facts: Alejo Ravidas et al. were charged


with the crime of insurrection. Ravidas
prayed for his acquittal alleging that “it is
not proven that he permitted or
encouraged insurrection or engaged in
the same by abetting them directly or
indirectly.” since the only fact disclosed
by the evidence adduced in the case is
that Ravidas knew that there were
insurgents in a place and his duty as
municipal president required him to
report this fact to the senior officer of the
province but he did not do so nor did he
take any steps toward pursuing or
denouncing the insurgents or to protect
the people from their probable
depredations.

Issue: Whether Ravidas is guilty of


disloyalty?

Held: No. However reproachful the


silence of Ravidas may be, it does not in
itself constitute the crime of insurrection.
Act No. 292 defines and specified the
acts which shall be punished as
insurrection, but among those acts the
silence of the defendant is not
enumerated. This silence is not an act; it
is rather, an omission.

The crime of disloyalty of public officers


presupposes the existence of rebellion
by other persons. In the case at bar, the
accused could not be held liable even for
disloyalty because there was no actual
rebellion going on in the municipality.
There must be rebellion to be resisted or,
at least, the place is under the control of
rebels.

Digested by: Julio Marco Serrano

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