GR 1728; (February, 1905) (Digest)

G.R. No. 1728, February 15, 1905
THE UNITED STATES, complainant-appellee, vs. ANTONIO DALUSONG, defendant-appellant.

FACTS:
The defendant, Antonio Dalusong, was a soldier of the second class in the Insular Police (Constabulary). On or about February 10, 1903, at 3:00 a.m., while acting as a sentinel on duty at the police cuartel in San Jose, Nueva Ecija, the cuartel was attacked by several armed persons. The defendant abandoned his post and ran away during the attack, hiding in a nearby estero. He did not return to his post until approximately two hours after his companions had repulsed the attackers.

ISSUE:
Whether the defendant is guilty of violating Section 5 of Act No. 619 of the Philippine Commission, which penalizes a member of the Constabulary who “runs away or shamefully abandons any post or guard.”

RULING:
Yes. The Supreme Court affirmed the judgment of the Court of First Instance of Nueva Ecija. The evidence established that the defendant, a member of the Constabulary on sentinel duty, shamefully abandoned his post during an armed attack without attempting to assist in the defense. His actions squarely fall under the prohibition of Section 5 of Act No. 619. The sentence of two years and six months of imprisonment and a fine of $1,000 was upheld.