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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 866. March 11, 1903. ]

THE UNlTED STATES, Complainant-Appellee, v. APOLONIO SAMSON, Defendant-Appellant.

Basilio R. Mapa for Appellant.

Solicitor-General Araneta for Appellee.

SYLLABUS


1. CRIMINAL LAW; AMNESTY. — The crime of forming a secret society for political purposes, being defined and punished under Act 292, it is necessarily comprised in the amnesty of July 4, 1902.


D E C I S I O N


MAPA, J.:


The accused is charged with the formation of a secret society with political purposes, and his counsel has filed in this court a petition, concurred in by the Attorney-Geueral, requesting that the benefits of the amnesty proclamation of July 4, 1902, be extended to defendant.

The offense in question is supposed to have been Committed in November, 1901, and, were the charges true, it would fall entirely under the sanction of section 9 of Act 292. This court, having declared that all offenses defined and punished under that Act are comprised in the amnesty proclamation (The United States v. Maximo Abad, decided October 22, 1902), 1 it is clear that the defendant is entitled to the benefits of said amnesty.

Therefore w e declare the accused, Apolonio Samson, within the amnesty provided he files in this court the oath required by the proclamation. So ordered.

Arellano, C.J., Cooper, Willard and Ladd, JJ., concur.

Torres, J., did not sit in this case.

Endnotes:



1. Phil. Rep., 437.

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