G.R. No. 1585 : April 9, 1904
THE UNITED STATES, complainant-appellee, vs. ESTEBAN VIRAY, defendant-appellant.

FACTS:
The defendant, Esteban Viray, was a duly enlisted and paid member of the Philippines Constabulary. On January 8, 1903, he reported ill to his superior officer and was ordered to report to a hospital for treatment. Instead of complying, Viray absented himself and went to the Province of Pampanga. He was arrested there in March 1903, found without his uniform and in charge of a railroad work gang. Upon his return, Viray claimed he was feverish and disoriented, alleging that poor hospital conditions (being served only coffee, rice, and unsalted food) led him to leave. He also asserted that he had reported to a Constabulary officer in Pampanga before his arrest. The Court of First Instance found him guilty of desertion.

ISSUE:
Whether the evidence is sufficient to sustain Viray’s conviction for the crime of desertion.

RULING:
Yes. The Supreme Court affirmed the judgment of the lower court. The evidence established that Viray was an enlisted soldier who absented himself without leave and with intent not to return. His claim of illness and disorientation, as well as his allegation of reporting to an officer in Pampanga, did not overcome the proof of desertion. The fact that he was arrested in civilian attire, working with a railroad gang in another province, corroborated the finding of guilt. The sentence of two years’ imprisonment at hard labor and a fine of $500 was upheld.