G.R. No. 1728. February 15, 1905

The defendant here was charged with a violation of section 5 of Act
No. 619 of the Philippine Commission. The complaint alleges that on or
about the 10th day of February, 1903, at 3 o’clock a. m., in the pueblo
of San Jose, Province of Nueva Ecija, the defendant being then and
there a soldier of the second class of the Insular police, and being
then and there a sentinel on duty on said night, ran away and
shamefully abandoned his post of duty, at a time when the cuartel of
said Insular police was attacked by several armed persons, and that he
did not return to his post of duty until after the said armed1 persons
who attacked the said cuartel had been repulsed.

Upon hearing the evidence the Court of First Instance of the
Province of Nueva Ecija found the defendant guilty of the crime charged
in this complaint, and sentenced him to be imprisoned for a period of
two years and six months and to pay a fine of $1,000 and the costs.

Section 5 of Act No. 619 provides: ”Any member of the Constabulary
who misbehaves himself before any outlaw, robber, or other enemy, runs
away or shamefully abandons any post or guard, or advises or persuades
others to do .the like, or casts away his arms or ammunition, or quits
his post or command to plunder or pillage, shall be fined not exceeding
three thousand dollars or imprisoned not exceding three years, or both.”

The evidence adduced in the trial of said cause by two or more
witnesses establishes the fact that the defendant on the night of the
10th of February, 1903, was a member of the Insular police and a
soldier of the second class; that at about 3 o’clock a. m. the cuartel
of the Constabulary in the pueblo of San Jose of the Province of Nueva
Ecija was attacked by a band of armed men; that the defendant abandoned
his post of duty as sentinel and ran away out of the said cuartel,
without attempting in any manner to assist in repelling the said
attack; that after running away he hid himself in an estero near the
said cuartel, and that he did not return to his post of duty until two
hours after the said band of armed men had been repulsed and driven
away by his companions, who remained in the cuartel of said police.

These facts are sufficient to justify the sentence of the Court of
First Instance of the Province of Nueva Ecija, and it is therefore
affirmed, with costs of both instances. So ordered.

Arellano, C J., Torres, Mapa, and Carson, JJ., concur.