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 defense contended that Albano was ill when placed on duty and had been assigned to extra duty, allegedly guarding from 6 p.m. until 12 o’clock the following day. However, the prosecution presented testimony from Benito de Leon, who stated that Albano was placed on guard at 4:00 a.m. and was found asleep at 4:30 a.m. The witness denied that Albano had been assigned extra duty or had reported being ill. The evidence further showed that Albano was guarding several insurrecto prisoners who were sleeping on a table in front of him at the time.

ISSUE:
Whether the conviction of Lorenzo Albano for sleeping on post should be upheld, and if the penalty imposed by the lower court was proper.

RULING:
The Supreme Court affirmed the conviction, holding that the charge against Albano was fully proven by the evidence. However, considering that Albano had already been imprisoned since May 1, 1903, and had served nearly one year of his sentence by the time of the appeal, the Court reduced his punishment in the interest of justice. The judgment of the Court of First Instance was modified, sentencing Albano to thirty (30) days of imprisonment in Bilibid, with costs of the proceedings adjudged against him.