People v. Dalusong
REITERATIONFacts
1. The Antecedents: The defendant, Antonio Dalusong, a soldier of the second class in the Insular police and a sentinel on duty, was charged with violating Section 5 of Act No. 619. The complaint alleged that on February 10, 1903, during an attack on the cuartel by armed individuals, Dalusong abandoned his post of duty and fled, only returning after the attackers were repulsed. 2. Procedural History: The Court of First Instance of the Province of Nueva Ecija found the defendant guilty of the charge. He was sentenced to imprisonment for two years and six months and ordered to pay a fine of $1,000, plus costs. The case was subsequently appealed. 3. The Appeal: The defendant appealed the decision of the Court of First Instance. The appellant argued that the evidence presented did not sufficiently establish guilt. However, the appellate court found that the evidence, corroborated by multiple witnesses, proved that Dalusong, a sentinel on duty, abandoned his post during an armed attack on the cuartel and hid until the danger passed, thereby justifying the lower court's sentence, which was affirmed.
Issue(s)
Whether the evidence presented sufficiently established that the defendant, Antonio Dalusong, abandoned his post of duty as a sentinel during an attack on the cuartel, in violation of Section 5 of Act No. 619.
Ruling
The Supreme Court affirmed the decision of the Court of First Instance. The Court found that the evidence presented was sufficient to establish the guilt of the defendant beyond reasonable doubt. The sentence imposed by the lower court was upheld, with costs of both instances.
Ratio Decidendi
On the Issue of Abandonment of Post: The evidence adduced by two or more witnesses established that the defendant was a member of the Insular police and a soldier of the second class on the night of February 10, 1903. It was proven that at approximately 3 o'clock a.m., the cuartel of the Constabulary in San Jose, Nueva Ecija, was attacked by a band of armed men. The evidence further showed that the defendant abandoned his post as sentinel and fled from the cuartel without attempting to repel the attack. He hid himself in an estero (drainage canal) near the cuartel and did not return to his post until two hours after the attacking armed men had been repulsed by his companions who remained at their posts. These facts directly satisfy the elements of the offense defined under Section 5 of Act No. 619, which punishes a member of the Constabulary who runs away or shamefully abandons any post or guard when faced with enemies. The testimony of multiple witnesses corroborated the defendant's actions, establishing his guilt for the crime charged. Therefore, the sentence imposed by the Court of First Instance was justified and affirmed.
Main Doctrine
Section 5 of Act No. 619 of the Philippine Commission penalizes any member of the Constabulary who misbehaves before any outlaw, robber, or other enemy, runs away or shamefully abandons any post or guard, or advises or persuades others to do the like, or casts away his arms or ammunition, or quits his post or command to plunder or pillage. The evidence presented must clearly establish these elements for a conviction.