G.R. No. L-2282

FACTS:
The defendant-appellant, Jose Diaz Tan-Bauco, was charged with the crime of frustrated assassination. The information alleged that on or about May 1, 1904, in Lucena, Tayabas, he induced Santiago Salazar to kill Vicente Queblar Su-Tingo by promising him a reward of 200 pesos. Pursuant to this inducement, Salazar stabbed Su-Tingo on the night of May 2, 1904, inflicting a wound that did not result in death due to reasons independent of the aggressor’s will. The prosecution’s case relied heavily on the testimony of Salazar, who confessed to the stabbing and claimed he acted at the appellant’s suggestion. Salazar further testified that the appellant had given him a written memorandum of their agreement, although he had not actually received the promised money. This document was found in Salazar’s coat pocket after the crime and was presented at the trial. However, the document was subsequently lost or removed from the case record.

ISSUE:
Whether the conviction of the accused can be sustained given the loss of a crucial documentary evidence (the written memorandum) from the record, which prevents the appellate court from making a proper determination of guilt or innocence.

RULING:
No. The Supreme Court reversed the judgment of conviction and remanded the case for a new trial. The Court held that the written memorandum identified by the principal witness was the most conclusive evidence linking the accused to the crime. Its absence from the record rendered the appellate court unable to make a finding on the guilt or innocence of the accused. Therefore, the ends of justice required that the judgment be set aside and the case be retried. Costs were adjudged de oficio. The record was ordered returned to the trial court via the Attorney-General, with a directive to address the loss of the document.