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EN BANC

G.R. No. 1559  April 9, 1904

THE UNITED STATES complainant-appellee, vs. LORENZO ALBANO,Defendant-Appellant.

Fermin Mariano for appellant.
Office of the Solicitor-General Araneta for appellee.

COOPER, J.:

The defendant, Lorenzo Albano, is charged with the offense of sleeping on post while on duty as sentinel in the Philippines Constabulary and was convicted by the Court of First Instance and sentenced to imprisonment at hard labor for the period of one year. He appealed from this judgement.chanrobles virtual law library

It is contended by counsel for the defendant that he was ill when placed upon duty and that extra duty was imposed upon him; that he was placed on guard from 6 p.m. until 12 o'clock the next day.chanrobles virtual law library

Benito de Leon testified that the defendant was placed on guard at 4 o'clock in the morning and was found asleep at half past 4. This witness also denies the statement made by the defendant that he had been placed upon extra duty on the night in question or that the defendant reported himself as ill at the time he was placed on guard.chanrobles virtual law library

The evidence in the case also shows there were several inssurecto prisoners sleeping on a large table in front of the defendant, over whom he was standing guard. The charge against him has been fully proven.chanrobles virtual law library

It appears in the record that the defendant has been in prison since the 1st day of May, 1903, and as he has served almost one year of the time for which he was sentenced, we are inclined to reduce his punishment to one month's imprisonment, and to this end we modify the judgment of the Court of First Instance and sentence the defendant to thirty days' imprisonment in Bilibid and adjudge the costs of proceedings against him. So ordered.chanrobles virtual law library

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