G.R. No. 1585. April 09, 1904

The defendant, Viray, was charged with the offense of desertion, committed as follows:

That, being a member of the Philippines Constabulary, duly enlisted
and receiving pay therein, on the 8th day of January, 1903, he absented
himself from the said Constabulary and from the troop then stationed in
Manila, without leave, and with the intent not to return thereto. He
was found guilty by the Court of First Instance and sentenced to
imprisonment at hard labor in Bilibid for the period of two years and
to pay a line of $500. He has appealed from this judgment.

It appears from the evidence in the case that the defendant was an
enlisted soldier in the Constabulary, receiving pay as a soldier; that
having reported to his superior officer his incapacity for service on
account of illness, the 8th day of January, he was sent by the captain
of his company to the hospital for treatment. Instead of going to the
hospital he went to the Province of Pampanga, where he was arrested
some time in March. When brought back he stated to his superior officer
as the cause for his
leaving that he had a fever and instead of going to the hospital he
went over to sleep in another place; that he was out of his head and
when he came to himself he was out in Pampanga Province.

The defendant testified in his own behalf and stated that at the
time he left he was very much frightened and did not have time to go
and see his chief; that he had been sent to the hospital a few days
before and they only gave him coffee and rice and no fruit and at
midday rice with water, without salt. He denied that he was working in
a
railroad gang at the time he was captured. He stated that during the
time he was in Pampanga he reported to an officer of the Constabulary
in Pampanga; he was told to accompany the officer and was thereupon put
under arrest.

It is proven that at the time the defendant was arrested he was
without uniform and was in charge of a gang working on the railroad.

The proof is sufficient to sustain the conviction and the judgment of the lower court is affirmed with costs.

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