G.R. No. 1021 : March 14, 1903
THE UNITED STATES, complainant-appellee, vs. FRANCISCO LESCANO, defendant-appellant.

FACTS:
The defendant, Francisco Lescano, was employed as a cochero (carriage driver) by Doña Maria Santos, with whom the complainant, Don Ramon Panlilio, was then living as part of the family. On a day in August, Panlilio, after being driven by Lescano on a professional call, inadvertently left a case of surgical instruments valued at 200 pesos on the seat of the carromata. About an hour later, upon remembering the case, Panlilio called for Lescano but found that both the defendant and the case were missing. It was also discovered that a pair of lamps valued at 60 pesos had been taken from the vehicle. Lescano left Bacolor for Manila and did not return for several months. Witnesses testified to seeing Lescano walking alone on the road to Guagua (a route to the steamer for Manila) carrying the case of instruments and the lamps. The defense presented an alibi, but the trial court found Lescano guilty of theft.

ISSUE:
Whether the trial court erred in convicting Francisco Lescano of the crime of theft.

RULING:
The Supreme Court affirmed the conviction. The testimony of the witnessesRamon Panlilio, Amado Gutierrez, and Andres Panliliowas deemed sufficient to establish Lescano’s guilt beyond reasonable doubt. Their accounts directly placed Lescano in possession of the stolen items immediately after their disappearance, and his abrupt departure corroborated his culpability. The Court dismissed the defense’s alibi as unconvincing and noted that any erroneous admission of hearsay or opinion testimony by the trial court was harmless error, as the credible direct evidence alone sustained the conviction. The penalty imposed by the Court of First Instance was upheld, including the order for restitution or payment of the value of the stolen articles.