PEOPLE v.

KAMLON

Facts: Kamlon was convicted by the CFI of Sulu for being the leader of a sedition (others
were also convicted, but not important). In another criminal case, he was sentenced to
death for the kidnapping of Alling and Ajibun complexed with the murder of Alling.

Here’s what happened (version which the CFI believed): Two years prior to the trial,
Kamlon together with three armed companions set out to look for Alling and

Ajibun, two men they suspected were responsible for the disappearance of two of
Kamlon’s followers. They chanced upon and abducted the two, who claimed they had
no knowledge of such disappearance. They were detained overnight. The next day, they
were brought to a store in the market place and were made to sit with their hands tied to
the roof. Kamlon fired his automatic carbine at Alling, who died instantly. He ordered
one of his followers, Ulluh, to cut off the dead man’s head. Ulluh brought the head and
body to his vinta and dropped these into the sea. Kamlon spared Ajibun and “tried” him
instead for his alleged participation in the disappearance. Kamlon merely fined him and
set him free.

Kamlon’s version, which the courts did not believe, was that Alling was shot to death not
by him but by some relatives of a woman who, on that occasion, he and Ajibun were
attempting to abduct.

In this petition for appeal before the SC, Kamlon alleged, among others, that the CFI
erred in convicting him for kidnapping with murder in spite of the fact that the said acts
of violence were committed in furtherance of sedition and therefore absorbed in the
latter crime.

Issues: Was the crime of kidnapping with murder absorbed in the crime of sedition? – NO

Ratio: The cited cases of Hernandez and Geronimo are inapplicable since these two cases
involved the crime of rebellion, not sedition. There is neither law nor jurisprudence that
would allow the SC to uphold Kamlon’s claim.

The SC adheres to the rule of stare decisis. It cannot disregard its ruling in the case of
Cabrera where it held that sedition is not the same offense as murder, the former being a
crime against public order and the latter that against persons. Sedition is a crime
directed against the existence of the State, the authority of the government, and the
genera public tranquility. Murder is a crime against the lives of individuals. The offenses
charged in the two informations for sedition and murder are perfectly distinct in point of
law, however nearly they may be connected in point of fact. In the case of Umali, the SC
convicted the accused separately of sedition, multiple murder, etc.

Conclusion: The common offenses, such as murder, are distinct and independent acts separable
from sedition.