ESPUELAS VS PEOPLE

FACTS: Oscar Espuelas y Mendoza was convicted in the CFI of Bohol of a violation of Art. 142 of the
Revised Penal Code. From June 9 to June 24, 1947, the appellant had his picture taken making it appear
that he hangs himself from a tree, secured copies of said photographs and sent it with a fake suicide
note to several newspapers and weeklies of general circulation throughout the Philippines and abroad.
The letters contained scurrilous libel against the government that called the same one of crooks and
dishonest persons infested with Nazis and a Fascistis i.e., dictators. And the communication reveals a
tendency to produce dissatisfaction or a feeling incompatible with the disposition to remain loyal to the
government.

ISSUE: Whether or not the accused is liable of seditious libel under Art. 142 of the RPC against the
Government of the Philippines.

RULING: Yes. The accused must be found guilty as charged.

RATIO: Writings which tend to overthrow or undermine the security of the government or to weaken
the confidence of the people in the government are against public peace, and are criminal not only
because they tend to incite to a breach of the peace but because they are conducive to the destruction
of the very government itself. The freedom of speech secured by the Constitution does not confer an
absolute right to speak or publish without responsibility, and does not give immunity for every possible
use of language and does not prevent the punishment of those who abuse this freedom. The publication
suggests or incites rebellious conspiracies or riots and tends to stir up people against the constituted
authorities, or to provoke violence from opposition, which is the sum and substance of the offense
under consideration.