G.R.

1051 May 19, 1903

U.S. v. Dorr

FACTS: Herein respondents were alleged to have committed an offense of writing, publishing and
circulating scurrilous libel against the Government of the U.S. and the Insular Government of the
Philippine Islands in violation of Section 8, Act 292 of the Commission.

The alleged libel was published in “Manila Freedom” issue dated 06 April 1902 as an editorial issue.

The editorial is about the appointment of rascal natives (Filipinos) to important Government positions by
the Civil Commission (CC for brevity).

The following are part of the article: 

“…the Civil Commission has, in its distribution of offices, constituted a protectorate over a set of men
who should be in jail or deported…xxx…this kind of foolish work that the Commission is doing all over
the Island, reinstating insurgents and rogues and turning down the men who have during struggle, at the
risk of their lives, aided the Americans.”

“The commission has exalted to the highest position in the Islands Filipinos who are alleged to be
notoriously corrupt and rascally, and men of no personal character”.

“it is a notorious fact that many branches of the Government organized by the Civil Commission are
rotten and corrupt…xxx”.

Article 292, section 8 has provided modes for committing an offense against it. However, albeit the
article has a virulent attack against the policy of the CC, the complaint in question cannot be regarded as
having a tendency to produce anything like what may be called disaffection or a state of feeling
incompatible with a disposition to remain loyal to the Government and obedient to the laws.

There is a question as how the term “the Insular Government of the Phil. Islands”, is used in Section 8,
Art. 292. Is it defined as “the existing law and institutions of the Islands” or “the aggregate of the
individuals by whom the government of the Islands is administered”? 

ISSUE: Whether the Article published by the respondents is in violation of the Art. 292 for it directly
attacks the U.S. government and the Insular Government of the Phil. Island?

RULING: In modern political science, the term government is defined as “the institution or aggregate of
institutions by which an independent society makes and carries out those rules…xxx…the government is
the aggregation of authorities which rule a society (administration)”.[1]

On the other hand, the Sedition Act of 1798, the term ‘government’ is used in an abstract sense (e.q.
President, Congress), meaning the existing political system, its laws and institutions. The Court opines
that it is in this sense that the term is used in the enactment (Art. 292) under consideration.

Hence, in Art. 292, the meaning of “Insular of the Government of the Phil. Islands” is the government as
a system, however, the article in questions attacks the ‘government’ as the aggregate of public officials
who run it.
The Court ruled that the article in question contains no attack upon the governmental system of the
U.S., by which the authority of the U.S. is enforced in these Islands per se. In this case, it is the character
of men who are entrusted with the administration of the government which the writer wants to bring
disrepute due to their motives, public integrity, and private morals and wisdoms of their policy. The
publication does not constitute any seditious tendency being apparent to be in violation of Art. 292.

Respondents are acquitted.

[1] ADMINISTRATION – the aggregate of persons in whose hands the reins of government are for the
time being.