GR L 2688; (August, 1906) (Digest)
G.R. No. L-2688
FACTS:
On a Sunday afternoon in May 1904, the defendant-appellant, Marciano Oruga, delivered a letter from the brigand Carlos Oruga to Simeon Manaig. The letter requested a loan of 50 pesos. When Manaig inquired about the letter’s contents, Marciano Oruga informed him that it was a request for money from Carlos Oruga. Marciano Oruga was subsequently charged and convicted by the trial court for violating Act No. 1121, specifically for rendering assistance to brigands, and was sentenced to ten years of imprisonment.
ISSUE:
Whether the act of Marciano Oruga in merely delivering a letter requesting money constitutes the crime of “procuring” money for brigands as penalized under Section 4 of Act No. 1121.
RULING:
No. The Supreme Court reversed the conviction and acquitted Marciano Oruga. The Court held that the English text of the law, which is controlling, uses the word “procuring.” This term means to obtain, secure, or get. The evidence only established that the appellant delivered a written request for money; it did not show that he actually obtained or secured the 50 pesos for the brigand. Since he failed in his errand and did not successfully procure the money, his act did not fall within the scope of the penal provision. The Court emphasized that the mere delivery of the request, without the successful procurement of funds, does not constitute the offense defined under Section 4 of Act No. 1121.
