G.R. No. 534 : April 1, 1902
THE UNITED STATES, complainant-appellee, vs. CUSTODIO PAYOG, ET AL., defendants-appellants.

FACTS:
An information was filed charging the accused with the crime of abandonment of children under Article 488 of the Penal Code. The accused pleaded not guilty. At trial, the prosecution presented no evidence. The only testimony came from defendant Custodio Payog. Payog testified that he found a young girl alone in the forest; she stated that her people, the Negritos, had refused to care for her. Being poor and unable to support her himself, Payog took her to Manila to deliver her to someone who could. He delivered the girl to Santiago Barcelona, who gave him 55 pesos as a present. The participation of the other defendant, Domingo Garcia, was limited to accompanying Payog to Barcelona’s house at Payog’s request. The trial court convicted both Payog and Garcia, sentencing each to pay a fine. Payog did not appeal, but Garcia did.

ISSUE:
Whether the act of Domingo Garcia in merely accompanying Payog to the house of Santiago Barcelona is sufficient to hold him criminally liable for the crime of abandonment of children under Article 488 of the Penal Code.

RULING:
No. The Supreme Court reversed the judgment of conviction as to Domingo Garcia and acquitted him. The Court held that Garcia’s mere act of accompanying Payog, without any evidence that Garcia knew how or why the girl was in Payog’s possession or that Payog had any legal duty for her rearing and education, was insufficient to establish criminal liability. Garcia was under no obligation to investigate Payog’s circumstances or the nature of his possession of the child when performing the act of accompaniment, which was not unlawful in itself. The Court did not find it necessary to rule on whether Payog’s own actions constituted the crime, as Payog did not appeal his conviction. Garcia was acquitted, with costs de oficio.