GR 1626; (April, 1904) (Digest)
G.R. No. 1626 : April 22, 1904
THE UNITED STATES, complainant-appellee, vs. HERMOGENES ONTI, defendant-appellant.
FACTS:
The defendant, Hermogenes Onti, delivered a note or letter to Esteban Rojas. The note had been entrusted to him for delivery by one Colonel Cosme. The prosecution alleged that the purpose of the letter was to demand 50 pesos in cash and 5 cavans of rice for the support of a band of brigands led by Julian Montalan, and that the letter was signed by Montalan. However, the letter itself was not presented as evidence during the trial. It also did not appear from the record whether the letter was sealed or open when Colonel Cosme gave it to the defendant.
ISSUE:
Whether the defendant can be convicted under Section 4 of Act No. 518, which punishes the knowing assistance to brigands, when there is no proof that he was aware of the unlawful contents or purpose of the letter he delivered.
RULING:
No. The Supreme Court reversed the judgment of the lower court and acquitted the defendant.
The Court held that the prosecution failed to prove that the defendant knew the contents of the letter or that he was aware, in any way, that its purpose was to demand supplies for a band of brigands. For a conviction under Section 4 of Act No. 518, it is essential that the accused acted knowingly in furtherance of the unlawful purpose. Since the element of knowledge was not established beyond reasonable doubt, the defendant cannot be held guilty of the crime charged. The defendant was acquitted, with costs de oficio.
