GR L 2754; (April, 1906) (Digest)
G.R. No. L-2754: THE UNITED STATES, plaintiff-appellee, vs. CIPRIANO JARANDILLA, ET AL., defendants-appellants. (April 16, 1906)
FACTS:
The defendants-appellants, Cipriano Jarandilla et al., were convicted by the trial court for their participation in a robbery. The fact that the robbery occurred was not disputed. The sole contention of the defense pertained to the identity and participation of the appellants in the crime. During the trial, counsel for the defendants moved for a continuance to: (1) obtain and present a copy of a government witness’s testimony from another case; (2) procure the testimony of Evaristo Poblador, a co-accused imprisoned in Bilibid; and (3) have Poblador brought before the court as a witness. The trial court denied all these motions.
ISSUE:
Whether the trial court erred in denying the defendants’ motions for a continuance to secure additional evidence.
RULING:
No, the trial court did not err. The Supreme Court affirmed the denial of the motions, ruling that they were presented too late. The defendants failed to show any reason why the testimony they sought to introduce could not have been obtained and presented during the trial proper. The Court found the evidence sufficient to sustain the conviction for robbery. However, the penalty was modified by reducing the term of imprisonment from presidio mayor for ten years and one day to exactly ten years of presidio mayor. In all other respects, the judgment was affirmed.
