G.R. No. 1559. April 09, 1904

The defendant, Lorenzo Albano, is charged with the offense of
sleeping on post while on duty as a sentinel in the Philippines
Constabulary and was convicted by the Court of First Instance and
sentenced to imprisonment at hard labor for the period of one year. He
appealed from this judgment.

It is contended by counsel for the defendant that he was ill when
placed upon duty and that extra duty was imposed upon him; that he was
placed on guard from 6 p. m. until 12 o’clock the next day.

Benito de Leon testified that the defendant was placed on guard at 4
o’clock in the morning and was found asleep at half past 4. This
witness also denies the statement made by the defendant that he had
been placed upon extra duty on the night in question or that the
defendant reported himself as ill at the time he was placed on guard.

The evidence in the case also shows there were several insurrecto
prisoners sleeping on a large table in front of the defendant, over
whom he was standing guard. The charge against him has been fully
proven.

It appears in the record that the defendant has been in prison since
the 1st day of May 31, 1903, and as he has served almost one year of
the time for which he was sentenced, we are inclined to reduce his
punishment to one month’s imprisonment, and to this end we modify the
judgment of the Court of First Instance and sentence the defendant to
thirty days’ imprisonment in Bilibid and adjudge the costs of
proceedings against him.

So ordered.

Arellano, C. J., Torres, Mapa, McDonough, and Johnson, JJ., concur.