GR L 12599; (August, 1917) (Digest)
G.R. No. L-12599; August 29, 1917
Case Title: The United States, plaintiff-appellee, vs. Luis Alviar, defendant-appellant.
FACTS:
On January 29, 1916, a complaint was filed in the justice of the peace court of Makati, Rizal, accusing Luis Alviar of violating Articles 30 and 33 of Act No. 1147. The complaint alleged that on December 9, 1915, in Makati, Alviar willfully and illegally killed a white Australian horse and sold its meat for public consumption without having obtained the required license from the municipal treasurer. After waiving his right to a preliminary examination, the case was elevated to the Court of First Instance. Following trial, Alviar was found guilty and sentenced to pay a fine of P25 and costs. He appealed the decision to the Supreme Court, raising several assignments of error.
ISSUE:
1. Whether the trial court erred in denying the defendant’s motion to dismiss due to alleged insufficiency of the prosecution’s evidence.
2. Whether the trial court erred in admitting the rebuttal testimony of the witness Teofilo de la Cruz.
3. Whether the penalty imposed by the trial court was excessive.
RULING:
The Supreme Court affirmed the judgment of the lower court in its entirety.
1. On the motion to dismiss: The Court held that the trial court did not err in denying the motion. At the time the motion was made, the prosecution’s undisputed evidence already established that the defendant had killed the horse and sold its meat for human consumption without a license, which constituted a prima facie case.
2. On the rebuttal testimony: The Court ruled that the admission of rebuttal evidence lies within the sound discretion of the trial judge. The testimony of Teofilo de la Cruz was properly allowed as it was presented to refute specific evidence introduced by the defense, and such procedure is permissible to prevent the prosecution from being taken by surprise.
3. On the penalty imposed: The Court found the penalty of a P25 fine to be neither excessive nor an abuse of discretion. Considering that the penalty under Act No. 1147 ranges from a fine of P10 to P500, or imprisonment from one month to six months, or both, and noting that the defendant had other pending convictions for violations of the same law, the imposed penalty was deemed appropriate.
The sentence of the lower court was affirmed, with costs against the appellant.
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