U.S. vs.

Dorr (Case Digest)

G.R. 1051 May 19, 1903

U.S. v. Dorr

FACTS:
1. 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.
2. The alleged libel was published in “Manila Freedom” issue dated 06 April 1902 as an
editorial issue.
3. 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”.

4. 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.
5. 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:
1. 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]
2. 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.
3. 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.