G.R. No. 1707
Date: April 27, 1905

FACTS:
The defendants were charged with and convicted of homicide by the Court of First Instance of Ambos Camarines. Each was sentenced to eight years and one day of prision mayor, with accessories and costs. The defendants appealed. During the pendency of the appeal, Juan Quilatan died, leading to the dismissal of the case against him. The record on appeal transmitted to the Supreme Court did not include any transcript of the evidence taken during the trial. The appellants assigned two errors: (1) the denial of their motion for a new trial, and (2) that the conviction was not justified by the evidence. The Supreme Court noted that the record lacked the proof presented at trial. Inquiries revealed that the testimony of witnesses was not properly reduced to writing or certified as required by Section 32 of General Orders No. 58 (the then governing procedural rules for criminal cases). The trial was not conducted in conformity with said rules.

ISSUE:
Whether the appeal can be properly reviewed given the absence of a duly certified record of the evidence from the trial court.

RULING:
No. The Supreme Court held that the appeal could not be reviewed because the record did not contain the evidence required for evaluation. The Court emphasized that:

2. Section 32 requires testimony to be taken down in writing, read to the witness, and signed, or taken by an official stenographer. The trial court failed to comply with these procedural requirements.
3. Due to the absence of a proper record of evidence, the Supreme Court could not determine whether the conviction was justified.

The case was remanded to the Court of First Instance of Ambos Camarines with instructions to conduct a new trial against the remaining appellant, Pantaleon Simon. The Court of First Instance was directed to comply with the procedural rules for taking and preserving evidence in criminal trials.

Concurring Justices: Arellano, C.J., Torres, Mapa, and Willard, JJ.
Disqualified: Carson, J.