1. ROBBERY; SUFFICIENCY OF PROOF. — Upon the evidence adduced, and taking into consideration the suspicious circumstances, the contradictory statements of the witnesses, and the absence of other positive proof against the defendant: Held, That the evidence is insufficient to sustain the charge and that the offense was committed by some person other than the accused.

These defendants were charged in the Court of First Instance of the Province of Antique with the crime of robbery, provided for and punished in article 508 of the Penal Code, in the words and figures following:jgc:chanrobles.com.ph

"That the accused, being members of the municipal police of Dao, with abuse of confidence and public office, did, at or about midnight on July 18, 1906, willfully, unlawfully, and feloniously break, by means of a ladder, into the office of the municipal treasurer of the said municipality of Dao, Province of Antique, P. I., and, when within the said office, Paulino San Andres, who was provided with a false key, opened the iron safe wherein the treasurer kept money, bank bills, and other property, and with intent of gain took from said safe the sum of one thousand thirty-five pesos and sixty-one and a half cents (P1,035.61 1/2), composed of cash, bank bills, and documentary stamps, after the removal of which, and the same being in the hands of the accused, the latter went together on said night to the house of Basilia Fresco, who, being aware of the robbery and with intent to gain thereby, did receive, keep, and hold the said money and stolen property.

"Mamerto Rubite, municipal treasurer, P. J. Vanden Broeck, provincial treasurer, and Governor Angel Salazar gave information as to the above facts.

"By virtue thereof I respectfully ask that criminal proceedings be instituted against the accused, who are confined in the provincial jail subject to the orders of this court, because the fact complained of constitutes one of such crimes which come within the jurisdiction of this court. The offense committed contrary to law."cralaw virtua1aw library

These defendants were duly arrested and brought before the court and arraigned. Upon arraignment the said Paulino San Andres and Basilia Fresco pleaded "not guilty" of the crime charged in said complaint. Antonio Laureto and Julian Lauod replied that they did not plead guilty because although they participated in the robbery it was because they were compelled so to do under threats by the said Paulino San Andres.

After the beginning of the trial in the lower court, upon a motion presented by the fiscal of said province, the said Antonio Laureto was dismissed from said cause, in order that the Government might use him as a witness for the prosecution; the motion was granted and the said Laureto was immediately dismissed.

At the close of the trial in the lower court the said court found that Julian Lauod had been compelled by the said Paulino San Andres to participate in the alleged robbery and therefore dismissed the cause as to him and ordered his immediate release from the custody of the law.

After hearing all the evidence the lower court found that said Paulino San Andres was guilty of the crime charged in said complaint and sentenced him to be imprisoned for a period of six years and one day of presidio mayor, with the accessories that pertain to that penalty, and that Basilia Fresco was guilty as an encubridora and sentenced her to pay a fine of 1,000 pesetas, and both to pay, jointly and severally, to the municipal treasurer of the said municipality, the sum of P1,035.61