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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 1760. April 3, 1905. ]

THE UNITED STATES, Complainant-Appellee, v. IRINEO BIBAL, Defendant-Appellant.

Enrique Barrera, for Appellant.

Solicitor-General Araneta, for Appellee.

SYLLABUS


1. COMPLAINT; VERIFICATION; JUDGMENT. — The fact that a complaint by a private person is not sworn to is a defect of form for which a judgment rendered thereon can not be set aside. (General Orders, No. 58, sec. 10)


D E C I S I O N


WILLARD, J.:


Upon the question of fact presented by the brief of the defendant we hold that the participation in the robbery by the defendant is proved.

It is suggested, also, that the complaint presented by a private person, not having been sworn to, was void. The provincial fiscal, on February 3, 1903, certified in writing that he found the complaint sufficient, and named three other witnesses for the prosecution. Whether this amounted to an adoption by him of the complaint, and made it an information which did not require an oath, it is not necessary to decide. The want of the an oath, in any event, a defect of form which did not affect the substantial rights of the defendant of the merits. Section 10 of the General Orders, No. 58, does not permit a judgment to be set aside for such defect.

Evidence that the defendant was the leader of the band which committed the robbery is found at folio 68.

The judgment affirmed, with the cost of this instance against the Appellant.

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

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