G.R. NO.

1582 MARCH 28, 1904

THE UNITED STATES

VS.

DALMACIO LAGNASON

FACTS:

On October 29, 1902, the defendant with this band made an attack upon the pueblo of Murcia
in said province, but was driven off by the force of Constabulary there stationed. During that night two
inspectors of the Constabulary arrived with additional forces and early in the morning they left the
pueblo in search of the defendant. He was encountered with his party about three kilometers from the
pueblo and was attacked by the Constabulary. The fight lasted an hour and a half. The defendant was
captured in the battle and about twenty of his men were killed. On the side of the Constabulary were
killed two policemen of the vicinity who were acting as guides. The defendant’s band consisted of
between seventy and eighty men. They had for arms five or ten rifles, bolos, daggers, and one small
cannon. The defendant when captured was armed with a rifle, a revolver, and a bolo. Most of his men
wore black shirts, white pantaloons, and black caps. They carried no banners, but did carry two large
wooden crosses which were captured, together with the cannon.

ISSUE:

Whether or Not the acts committed by the defendant and his band constitute of treason

RULING:

Yes, the acts of violence committed by Lagnason and his band constitute treason. Section 1 of
Act No. 292 of the Philippine Commission provides that every person, resident in the Philippine Islands,
owing allegiance to the United States, or the Government of the Philippine Islands, who levies war
against them or adheres to their enemies, giving them aid and comfort within the Philippine Islands or
elsewhere, is guilty of treason. In this case, the defendant’s organized attempt to overthrow and destroy
the established government is a levying of war against the government. It does not matter how vain and
futile his attempt was. Lagnason is guilty of treason.