G.R. No. 1259 : July 24, 1903
THE UNITED STATES, complainant-appellee, vs. DOMINGO BERRY, defendant-appellant.

FACTS:
The defendant, Domingo Berry, was convicted of a crime. During the appeal, both the Solicitor-General and the defense attorney jointly petitioned for the defendant to be included in the amnesty proclaimed on July 4, 1902. The evidence in the case indicated that in December 1900, the defendant was participating in the insurrection against the United States. He had been ordered by his superior to kill all spies for the Americans. The defendant believed the deceased was such a spy and killed him for that reason.

ISSUE:
Whether the defendant, Domingo Berry, is entitled to the benefits of the amnesty proclamation of July 4, 1902.

RULING:
Yes. The Supreme Court granted the petition. Although the evidence was conflicting and not entirely satisfactory, the Court found it more probable than not that the defendant’s story was substantially truethat he committed the killing as an act of insurrection under orders, believing the victim to be a spy for the American forces. Therefore, he fell within the scope of the amnesty. The Court ordered that upon the defendant filing the required oath of allegiance as stipulated in the proclamation, an order would be entered dismissing the case.