GR 1574; (April, 1904) (Digest)
G.R. No. 1574 : April 13, 1904
THE UNITED STATES, complainant-appellee, vs. CHOA CHI CO, defendant-appellant.
FACTS:
On February 16, 1903, a deputy prosecuting attorney filed an information in the Court of First Instance of Manila charging Espiridion Yandon, Tan Chan Chang, Choa Chi Co, and several others with the crime of vagrancy under Act No. 519 . The information alleged that the accused lived in and about a house of ill fame located at No. 94 Calle Ilang-Ilang, Binondo, Manila, and that the male accused were depraved and dissolute persons while the female accused were common prostitutes. After trial, the court convicted all accused and imposed varying prison sentences. Among them, Choa Chi Co was sentenced to six months’ imprisonment. Choa Chi Co alone appealed the judgment.
ISSUE:
Whether the evidence presented by the prosecution is sufficient to prove beyond reasonable doubt that Choa Chi Co is guilty of the crime of vagrancy as defined by Act No. 519 .
RULING:
No. The Supreme Court reversed the judgment of conviction and acquitted Choa Chi Co.
The Court held that for a person to be convicted of vagrancy under Act No. 519 , the prosecution must prove that the accused is a “lewd and dissolute person who lives in and about houses of ill fame.” The evidence for the prosecution established that the house at No. 94 Calle Ilang-Ilang was a house of ill fame and that the women found there were prostitutes. However, as to the appellant Choa Chi Co, the only evidence was that he was arrested at said house. There was no evidence presented to show that he frequented or lived in the house, or that he was a person of lewd and dissolute habits without a known trade or occupation. On the contrary, the evidence indicated that Choa Chi Co lived at a different address (No. 293 Calle Rosario), worked as a clerk in a store, and was at the house on Calle Ilang-Ilang only to look for a fellow-lodger. With no evidence of his guilt, his conviction could not be sustained. The Court ordered his acquittal and the remission of the case to the trial court for execution of the judgment.