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[US v. ROMAN VALERO](https://www.lawyerly.ph/juris/view/ce2a?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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[ GR No. 5611, Mar 12, 1910 ]

US v. ROMAN VALERO +

DECISION

15 Phil. 428

[ G.R. No. 5611, March 12, 1910 ]

THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. ROMAN VALERO, DEFENDANT AND APPELLANT.

D E C I S I O N

MORELAND, J.:

The defendant in this case was convicted of a violation of section 30  of the Election  Law  by the  Court of First Instance of the Province of Capiz, and sentenced to pay a fine of P200,  to imprisonment in case of  insolvency, and to pay the costs of the trial.  He appealed.

It appears  that  during  the month of July,  1907, the accused,  who  was  then municipal president of Jamindan, made an inspection of the barrio of San Juan, situated in said municipality,  accompanied by  two  policemen  armed with rifles.  On that inspection he  entered the house of Gregorio Maximo,  with  whom he  spoke  concerning the election which was to be held during that month.  During the course of the conversation he requested  Maximo to vote for Jose Altavas for member of the Assembly.  Maximo answered that he could not do so because  he  had already promised to vote  for Hugo Vidal.  At  this  the  accused became furious and sought  to intimidate Maximo, threatening that if  he voted for anybody but Altavas he would find himself at the joint of a gun, that he would learn that the accused was the one who  governed  in  Jamindan.  He used other threatening language also.  It further appears that some days after the election Maximo was taken from his house by a couple of Constabulary and another man by the name of Biloy, a cousin of the accused, at the instigation  of the accused.  The  accused ordered the Constabulary to punish Maximo, and, after they had bound him to a tree, they proceeded to maltreat and beat  him.

The conclusions  of fact  of  the court below are fully justified by the proofs adduced on the trial.

The assignments of error interposed  on behalf  of the defendant are  partly disposed  of upon the  facts.  The remaining assignments of error relate to the question whether or not the threats  proved were sufficient under the law to justify a conviction. We  do  not deem argument necessary to demonstrate that the  court was  right in his conclusions of law.  We simply call attention to the language of section 30 of Act No. 1582, the terms of which are too clear to require comment:
"Any person who, by any wrongful means, shall prevent or  attempt  to  prevent any  voter from freely  and  fully exercising his right to vote,  *   *   *   shall be punished by  imprisonment for not less than  thirty  days nor more than one year, or  by a fine of not less  than two hundred pesos  nor more than five hundred pesos, or both, in the discretion of the court."
The judgment of the court below  is affirmed, with costs against  the  appellant.  So ordered.

Arellano, C. J., Torres, Mapa, Johnson, and Carson, JJ., concur.

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