THE UNITED STATES vs.

DALMACIO LAGNASON
FACTS:
During the American occupation in the Province of Occidental
Negros, there had existed a band of men in arms against the United
States government. The band campaigning in the northern part of
the province was led by the defendant, Dalmacio Lagnason,
consisted of between seventy to eighty men who were armed with
rifles, bolos, daggers, and one small cannon; the southern part was
led by Dionisio Papa. His band was constantly armed and kept
together,

and

its

object

was

to

establish

an

independent

government.
On October 29, 1902, the defendant with this band attacked the
pueblo of Murcia. The force of Constabulary therein stationed drove
them off; they were captured and about twenty of his men were
killed. Two policemen of the Constabulary were killed. When
captured, the defendant was armed with a rifle, a revolver, and a
bolo.
ISSUE:
Whether or not the defendant should be charged for treason under
section 1 of Act no. 292 or rebellion or insurrection under Section 3
of Act no. 292.

RULING:
The acts committed by the defendant constituted a "levying of war"
as that phrase was understood at the time the act of the
Commission was passed, cannot be doubted. Neither can it be

doubted

that

these

same

acts

constituted

"rebellion

or

insurrection" within the meaning of Section 3 of Act No. 292.

It follows that in the two sections of the act referred to, Congress
has denounced the same crime; and that a party amenable to the
second section for having engaged in the rebellion and given it aid
and comfort must also be guilty of treason by levying war against
the United States. As, then, the offenses described are substantially
the same, though a different penalty is attached to their commission
by the sections referred to.
Congress intended to punish treason with death, or fine and
imprisonment, in the discretion of the court. Unless the treason
consists in engaging in or assisting a rebellion or insurrection
against the authority of the United States, or the laws thereof, in
which event the death penalty is to be abandoned and a less
penalty inflicted. In US vs. Greathouse, it was held that the
defendants are, therefore, in fact, on trial for treason.
With the evidences, the defendant was charged under Section 1 of
Act No. 292 with the crime of treason, was convicted and sentenced
to death.