G.R. No. L-2430

FACTS:
Defendants-appellants Juan Leandro Villariño and Eulalio Peña were convicted by the trial court of the crime of conspiracy under Section 4 of Act No. 292 of the Philippine Commission. Villariño was sentenced to five years’ imprisonment with hard labor and a $4,000 fine, while Peña was sentenced to four years’ imprisonment with hard labor and a $3,000 fine. Both were also sentenced to subsidiary imprisonment in case of insolvency and to pay costs.

ISSUE:
1. Whether the evidence was sufficient to sustain the conviction of both appellants.
2. Whether the trial court erred in imposing subsidiary imprisonment for non-payment of the fine under Act No. 292 .

RULING:
1. As to Juan Leandro Villariño: The Supreme Court affirmed his conviction. The evidence, including his own confession and corroborating documents and witness testimony, fully sustained the finding of guilt. However, the Court reversed the imposition of subsidiary imprisonment, holding that Act No. 292 , which defined and penalized the crime, contained no provision authorizing such subsidiary penalty.
2. As to Eulalio Peña: The Supreme Court reversed his conviction and acquitted him. The evidence against him was deemed insufficient, consisting only of an uncorroborated alleged confession made under questionable circumstances and an unproven document (a commission as brigadier-general) with no evidence showing he received, accepted, or was even aware of it. Hearsay testimony attempting to link him to the document was correctly excluded.

DISPOSITIVE PORTION:
The judgment against Villariño was AFFIRMED, but the portion imposing subsidiary imprisonment was REVERSED. The judgment against Peña was REVERSED and he was ACQUITTED and ordered released. Villariño was to pay his proportionate share of the costs of appeal, while costs for Peña were declared de oficio.