Property checked by
(Signed) T. DAVID
"Authority filed with Vou. No. 1 (See Note D.)
"I certify that the above account is correct and just. The services were rendered as stated and were necessary for the public service. Articles purchased have been taken up in the property book of this . . . . . office . . . . . . . . . . . . . (Name of office or station) and will be accounted for to the Auditor on my return for the period ending December 31st, 1903.
(Signed) "F. DE L. CARRINGTON,
"Major, 1st Infantry, D. O.
"Approved:chanrob1es virtual 1aw library
(Signed) F. de L. CARRINGTON,
"Major 1st Inf., Comdg. Prov. Batt., N. S.
"Received of Maj. F. de L. Carrington, 1st Inf., this 14th day of December, 1903, the sum of four hundred and fifty (P450) 00/100 pesos in full payment of above, which I hereby certify to be correct.
"Paid by check No . . . . . .
"Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 190
"On . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
"In favor of . . . . . . . . . . . . . . . . . . .
"PHILIPPINE LUMBER & DEVELOPMENT CO.,
(Signed) "HENRY M. JONES, President.
(Signature of creditor.)
"In this, that the said Frank de L. Carrington did, then and there, include in the act of making such voucher as above set forth, the participation of Henry M. Jones, president of the Philippine Lumber and Development Company, when in truth and in fact the said Henry M. Jones had no such participation as stated in said voucher, the said voucher not being at the time of the signature of Henry M. Jones, president of the Philippine Lumber and Development Company, as appended thereto, filed out with the date, article, or service, or price, or amount received; and in this, that the said Frank de L. Carrington did, then and there, attribute in said voucher to Henry M. Jones, president of the Philippine Lumber and Development Company, declarations and statements different from those which he actually made, in that the said Frank de L. Carrington did, then and there, attribute in said voucher to Henry M. Jones, president of the Philippine Lumber and Development Company, the statement that the Philippine Lumber and Development Company had, on December 14th, 1903, sold to the Government of the Philippine Archipelago seven hundred and fifty (750) square feet of concha windows, at sixty (P0.60) cents, Philippine currency, per square foot, for an amount of four hundred fifty (P450.00) pesos, Philippine currency, which amount said Philippine Lumber and Development Company had received from the said Frank de L. Carrington, when in truth and in fact the said Henry M. Jones, president of the Philippine Lumber and Development Company, then and there declared that the Philippine Lumber and Development Company had sold to the Government of the Philippine Archipelago twenty-four (24) concha windows, containing three hundred thirty-four and three-eights (334 3/8) square feet, at thirty ($0.30) cents, United States currency, per square foot, or a total of one hundred and 30/100 ($100.30) dollars, United States currency, and one hundred (100) concha shells for concha windows for one and 50/100 ($1.50) dollars, United States currency, or a total of one hundred one and 80/100 ($101.80) dollars, United States currency, and have received from Frank de L. Carrington the sum of one hundred one and 80/100 ($101.80) dollars, United States currency, or two hundred three and 60/100 (P203.60) pesos, Philippine currency, and in this, that the said Frank de L. Carrington did, then and there, pervert the truth in the narration of facts contained in said voucher, in that he then and there stated and declared and certified in said voucher that he had, on December 14th, 1903, purchased from the Philippine Lumber and Development Company for the Government of the Philippine Archipelago, seven hundred fifty (750) square feet of concha windows, at sixty (P0.60) cents, Philippine currency, per square foot or for a total of four hundred fifty (P450) pesos, Philippine currency, and that he had paid the said Philippine Lumber and Development Company from public civil funds the sum of four hundred fifty (450.00) pesos, Philippine currency, and that he had paid the said Philippine Lumber and Development Company from public civil funds the sum of four hundred fifty (P450.00) pesos, Philippine currency, and that the said voucher as stated by him and as above set forth was correct and just, when in truth and in fact the said Frank de L. Carrington did not, on December 14th, 1903, or on any other date, purchase from the Philippine Lumber and Development Company seven hundred fifty (750) square feet of concha windows, at sixty (P0.60.) cents, Philippine currency, per square foot, for a total sum four hundred fifty (P450.00) pesos, Philippine currency, and did not pay the said sum of four hundred fifty (P450.00) pesos, Philippine currency, to said Philippine Lumber and Development Company, and when in truth and in fact the said voucher as stated by the said Frank de L. Carrington and as shown as above was not correct and just; the truth being that on December 14th, 1903, the said Frank de L. Carrington purchased from the said Philippine Lumber and Development Company twenty-four (24) concha windows containing three hundred thirty-four and three-eights (334 3/8) square feet, at thirty ($0.30) cents, United States currency, per square foot, or a total of one hundred and 30/100 ($100.30) dollars, United States currency, and one hundred (100) concha shells for concha windows, for one and 50/100 ($1.50) dollars, United States currency, or a total of one hundred one and 80/100 ($101.80), United States currency, or two hundred three and 60/100 (P203.60) pesos, Philippine currency, was the total sum and the only sum paid to the said Philippine Lumber and Development Company by the said Frank de L. Carrington.
"All contrary to law.
(Signed) "W. W. BARRE.
"Subscribed and sworn to before me and in my presence in the city of Manila, P. I., this 14th day of October, 1904, by W. W. BARRE.
(Signed) "MANUEL ARAULLO,
Court of First Instance, City of Manila, P. I."cralaw virtua1aw library
After hearing the evidence adduced during the trial in the Court of First Instance of the city of Manila the judge of that court found the defendant guilty and sentenced him to be imprisoned for twelve years and one day and to pay the costs. From this decision the defendant appealed to this court. An examination of the evidence adduced during the trial in the inferior court shows beyond peradventure of doubt that the defendant was guilty of the crime charged in said complaint, in the manner and form as charged therein.
The court having sentenced the defendant in cases Nos. 2600, 1 2601, 2 and 2602 2 to the penalty prescribed by law in each case, which penalties amount together to forty years’ imprisonment, and by reason of the fact that the penalties imposed on one defendant can not exceed forty years under the provisions of paragraph 2, article 88 of the Penal Code, this case is hereby dismissed, with the costs de oficio. So ordered.
Arellano, C.J., Torres, Mapa, and Willard, JJ., concur.
Endnotes:
1. 5 Phi. Rep., 725.
2. Not reported.