[ G.R. No. 1530. April 04, 1905 ] 4 Phil. 373
[ G.R. No. 1530. April 04, 1905 ]
THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. VENANCIO SANTOS, DEFENDANT AND APPELLANT. D E C I S I O N
WILLARD, J.:
It was the duty of the defendant to keep the time of the laborers at the Government corral in San Lazaro. For that purpose he was furnished with two books, one for the odd-numbered days and the other for the even-numbered days. These books contained the names of the laborers, and against each name a space for each day of the month. If a man worked a particularday, a horizontal mark was made in the space corresponding to that day; if he did not work, a cipher was put in that space. These books were turned in to the office every other day, either by Santos himself, or by one of his laborers. Whether they were public documents or private documents we do not decide. They showed by marks, as indicated above, that one Lazaro de los Santos worked twenty-five days in the month of March, 1903. There is evidence to show that he did not work at all during that month. When the laborers appeared on the last day of the month for the purpose of making and signing the pay roll, one of them, Regino Verde, presented himself and on being questioned by James, the clerk who was doing the work, stated that his name was not Lazaro de los Santos, but was Regino Verde. The defendant, who was present, then stated that Lazaro de los Santos had not worked during March; that Verde had, and that there had been a mistake in entering the former’s name in the books. The name of Regino Verde was thereupon placed, upon the pay roll, the name of Lazaro de los Santos omitted therefrom, and the money, amounting to 25 pesos, was paid to Verde. He later paid it to the defendant. It was also proved that Regino Verde did not work at all during the month of March.
The charge against the defendant is that he falsified these books by entering the name of Lazaro de los Santos therein, and by making the above-mentioned marks against that name. There is evidence furnished by the Government that the name of Lazaro de los Santos upon the pages of the books for the month of March is not in the hand writing of the defendant. The name of the defendant himself, Venancio Santos, appears on these pages, but the evidence is to the effect that he did not write it there. There is no direct evidence that he made any of the marks against the name of Lazaro de los Santos. No witness so testified. In the two particulars, namely, the writing of the name of Lazaro de los Santos and the writing of the name of Venancio Santos, in which comparison of hand writing could be used to show the falsification, it was proved that such falsification did not exist. As to the other particular, namely, the placing of the horizontal and circular marks in the spaces opposite the name, such proof could not, from the nature of the case, be used.
The Government relies on the facts that it was defendant’s duty to make these entries, that he had the books in his possession, was responsible for them, and that he profited by the falsification. This might lead to a strong presumption that he did in fact make them, but that, we think, is not sufficient, and it is weakened by the fact that while he seems to have signed his name to some of the pages of these books, he did not do it upon the pages for the month of March; nor did he place there the name of Lazaro de los Santos. He undoubtedly committed a fraud in obtaining the said sum of 25 pesos, and he may be guilty of the crime of falsification, for which he was sentenced by the court below to imprisonment for twelve years, but we have so much doubt as to his guilt of the latter offense that we think he must be acquitted.
The judgment is reversed, and the defendant acquitted, with the costs de oficio.
Arellano, C. J., Mapa, Johnson, and Carson, JJ., concur.