Man arrested for not having a cedula

Unbelievable it may seem, but more than a hundred years ago, a man from Moalboal, Cebu was arrested for not having a cedula. Protasio Tramada of Moalboal, Cebu was detained by the Municipal President of Moalboal for not having a cedula. It was Cirilo Perez, a Sergeant of the Municipality of Moalboal Police who saw Protasio Tramada on a Sunday night, January 5, 1913.

At ten in the morning of the following day, Sergeant Cirilo Perez found Enrique Jaca, the Municipal President of Moalboal and asked what the complaint was against Tramada. Jaca replied that it was because of not having a cedula. Sergeant Perez was asked by the Municipal President to make a complaint and was signed by the Treasurer and the President. Afterwards Sergeant Perez presented Protasio Tramada to the Justice of the Peace.

It was there that Protasio Tramada informed Sergeant Perez that he had been subpoenaed by the Court of First Instance. Tramada asked Sergeant Perez that he would pay the cost of the cedula on his return. Tramada was brought by Perez to his house as the latter had not eaten from the time of his arrest. Tramada was eventually released as Sergeant Perez signed his bond. It was the Justice of the Peace that subsequently released him.

The witness of the arrest of Protasio Tramada was Vicente Villaflor, also a resident of Moalboal and his partner laborer who was the one who brought Tramada to the Municipal Hall to get his subpoena. At that time it was the Municipal President who served the subpoena to court witnesses as they also act as Deputy Sheriff of the Governor of the Province.

But an unexpected event happened in the hall after Enrique Jaca, the Municipal President read the subpoena to Tramada was asked whether he is the offended party or complainant in the case of Nicolas Godinez? When Tramada answered in the affirmative, the Municipal President announced that Tramada must be in jail. His partner, Vicente Villaflor, intervened that he would post a bail in behalf of Tramada. But the Municipal President replied that it would be granted provided he had a ganta of cocoa. Since Villaflor had no cocoa with him, the President put Tramada in the jail and locked the door and ordered the guard, Salvador ,Luquinario to take charge of him.

But who was Nicolas Godinez? He was the defendant in a complaint filed by Protasio Tramada. A hearing was set on January 11, 1913. He was not able to attend the hearing as he was detained by Municipal President Enrique Jaca. The laborer was only released on the evening of January 11, which was a Monday.

The circumstance of the detention of Protasio Tramada was given knowledge to the Justice of the Peace by the name of Melecio Lambo (who also became one of the famous Chief Executive of Moalboal, Cebu). Justice of the Peace Lambo said that he did not order the arrest of Protasio Tramada. He said that a complaint was drawn up against Tramada and signed by Marciano Villareal, Treasurer and President, charging him with the failure to procure a personal cedula. Lambo said that Tramada pleaded guilty and sentenced him.

For his failure to attend the court hearing against Tramada, Municipal President Enrique Jaca was found guilty of contempt of court by the Court of First Instance of Cebu. The Court sentenced him to thirty-five days imprisonment and to pay a fine of P100.

Municipal President Jaca appealed the judgment of the Court of First Instance to the Supreme Court. On November 7, 1913, the Supreme Court affirmed his conviction. It said the Court of First Instance merely enforced its power to protect those who appear before them to testify. The Municipal President was assisted by the Revolutionary General who became a lawyer, Pantaleon E. Del Rosario, who was from Cavite.