GR L 2723; (August, 1906) (Digest)
G.R. No. L-2723
FACTS:
The defendants-appellants Bernardo Manalo, Francisco Cruz Asuncion (alias Tisat), Sotero Batle, and Valentin Colorado were convicted by the trial court for their alleged involvement in a revolutionary organization. The evidence consisted of written appointments for officials in a revolutionary army, purportedly signed by Manalo and Asuncion and sent to Zambales, where they were received by Batle and Colorado. The prosecution’s case relied heavily on extrajudicial confessions and statements made during a preliminary investigation before the provincial governor and fiscal.
ISSUE:
Whether the evidence presented by the prosecution is sufficient to sustain the conviction of each appellant for the crime charged.
RULING:
The Supreme Court acquitted appellants Bernardo Manalo, Sotero Batle, and Valentin Colorado, but affirmed the conviction of Francisco Cruz Asuncion.
1. As to Bernardo Manalo: The only evidence against him was the hearsay testimony of other defendants’ extrajudicial statements made during the preliminary investigation. Since these co-defendants did not testify against Manalo during the trial, their out-of-court statements are inadmissible hearsay and insufficient for conviction.
2. As to Valentin Colorado: The evidence showed that appointments were found in his house, but mere possession of such documents is not enough to convict. Furthermore, the evidence established that upon receiving the envelope containing the papers, Colorado immediately reported them to a barrio councilman, indicating a lack of criminal intent.
3. As to Sotero Batle: The evidence proved he received a letter from Asuncion regarding the organization, which was found in his trunk. However, there was no proof he took any action in furtherance of the conspiracy. This mere possession, without more, is insufficient for conviction.
4. As to Francisco Cruz Asuncion: The evidence was sufficient, as it proved he sent a letter bearing his signature and a military seal to Batle, which referred to the proposed revolutionary uprising. This constituted direct evidence of his participation.
The judgment of the lower court was REVERSED as to Manalo, Batle, and Colorado, who were acquitted. The judgment was AFFIRMED as to Francisco Cruz Asuncion.