People vs.

Nabong

Facts:

Antonio D. Ora, the head of communists in the Philippine Island died in Neuva Ecija. A necrological
service in his memory will be held on the evening of January 30 which caught the attention of
Major Silvino Gallardo who is in charge of the Philippine Constabulary. He was informed that a red
flag would be displayed in such meeting as an emblem of the communists. Major Gallardo had an
interview with the provincial fiscal regarding such displaying of flag and told him that it was
unlawful. Thereafter, Major Gallardo met the appellant Nabong, the lawyer of Feleo who is the
leader of the communists, and requested Nabong to interfere and prevent the display of flag at the
meeting thereafter, gave the copy of the interview with the fiscal but Nabong refused to the request.

On the day of the meeting, the constabulary officers accompanied by the Fiscal headed to the
meeting and along their way, they met Feleo, interviewed him and Feleo promised to comply with
the request of not displaying the flag. But upon arrival, the constabulary officers saw the flag
displayed contrary to the promise of Feleo and saw him making his speaach so Major Gallardo
asked him to be arrested and the red flag be removed. After such, Nabong delivered also
his speech and was also arrested.

Issue:

Whether or not Nabong is guilty of the crime sedition

Held:

Yes, Nabong is guilty of the crime sedition. Words used in a public speech inciting the hearers to
the overthrow of the Government and the establishment of a new government of the poor and
instigating said hearers to use their whip against members of the Constabulary, who are held up as
guilty of abuses, are seditious. In the present case, the language used by Nabong clearly imported
an overthrow of the Government by violence and it should be interpreted in the plain and obvious
sense in which it was evidently intended to he understood. Therefore, Nabong is guilty of the crim
sediton.