US v.

Lagnason
G.R. No. 1582. March 28, 1904

FACTS:

Dalmacio Lagnason led a band of armed men in the Province of Occidental Negros campaigning
through its Northern part against the United States Government. He was captured in a fight. While 20 of
his men died, he and some of his men were captured. Rifles, bolos, daggers were confiscated from them.
They wore black shirts, white pantaloons and black caps.

ISSUE:

Whether or not the crime was treason.

HELD:

Yes. Engaging in a rebellion and giving it aid and comfort amounts to a levying of war within the
meaning of Section 1 of Act No. 292, no matter how vain and futile the attempt. The crime of rebellion
and insurrection constitute treason, but when the treason consists in engaging in an insurrection or
rebellion it is to be punished in accordance with Section 3 of Act No. 292.

No distinction was anywhere made between a foreign enemy and a rebel or insurgent so far as the
act of “levying of war” is concerned. The defendant was engaged in an attempt to overthrow the
Government and was captured after an armed contest. It does not matter how vain and futile his attempt
was; the acts performed by him constituted a levying of war