US vs. Butag

State (P) vs. Band of headhunters (D)
GR L-13251, October 8, 1918	[T]

Summary: A band of headhunting Kalingas was found guilty of murder and aside form life imprisonment, the members were made liable jointly and severally to pay damages to the heirs of the deceased.

Rule of Law: There is solidary liability when the nature of the obligation requires solidarity. Obligations arising from tort are, by their very nature, always solidary.

Facts: A considerable band of Kalingas, out on a head-hunting expedition, set upon and decapitated two women, a man, and a boy. Eighteen persons in all were charged with the crime. Action was suppressed, on motion of the defense during the course of trial, as to seven of the defendants. Three others were acquitted. The remaining eight, named Erec, Cusidon, Dumaua, Bangayan, Gurengad, Galadi, Legue, and Beguing, were found guilty of the crime of murder, and each was sentenced to life imprisonment with accessory penalties of the Penal Code, and to pay one-eighteen part of the costs, while all were jointly and severally made liable to the heirs of the four deceased in the amount of P4,000.

Issues: Is the liability of the accused solidary?

Ruling: Yes. Under the law, there is solidary liability when the nature of the obligation requires solidarity. Obligations arising from tort are, by their very nature, always solidary.
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* Keywords: solidary obligation