G.R. No. 1559 : April 9, 1904
THE UNITED STATES, complainant-appellee, vs. LORENZO ALBANO, defendant-appellant.

FACTS:
The defendant, Lorenzo Albano, a member of the Philippines Constabulary, was charged with the offense of sleeping on post while on duty as a sentinel. He was convicted by the Court of First Instance and sentenced to one year of imprisonment at hard labor. On appeal, the defendant contended that he was ill when placed on duty and that he was subjected to extra duty, having been on guard from 6 p.m. until 12 o’clock the following day. However, the testimony of Benito de Leon established that the defendant was placed on guard at 4:00 a.m. and was found asleep at 4:30 a.m. This witness denied the defendant’s claims of extra duty or that he had reported being ill. The evidence further showed that the defendant was guarding several insurrecto prisoners who were sleeping on a table in front of him at the time.

ISSUE:
Whether the conviction of the defendant for sleeping on post is proper and what the appropriate penalty should be.

RULING:
The Supreme Court affirmed the conviction, holding that the charge against the defendant had been fully proven. The Court found no merit in the defendant’s justifications. However, considering that the defendant had already been imprisoned since May 1, 1903, and had served nearly one year of his sentence by the time of the decision, the Court modified the penalty. The judgment of the Court of First Instance was modified, and the defendant was sentenced to thirty (30) days of imprisonment in Bilibid, with costs of the proceedings adjudged against him.