US vs Javier

Facts
On Oct 22, 1915, Doroteo Natividad fastened his carabao worth 150.00 at his corral
situated in Bgy. Napachile, Tanuan, Batangas. On the following morning, he
discovered that the gate of the corral was already opened and the carabao had
been disappeared. He immediately reorted the incident to Constabulary through its
head Seargeant Persia. On Nov. 20, 1915, 2 Constabulary saw the accused Lazaro
Javier, Mendoza and Placido de Chavez leading the carabao, when they saw the
Constabulary, the accused ran and scattered in different places, on Nov. 21, 1915,
the carabao has found in front of tied in front of the house in Bgy. Sta Clara, San
Pablo Laguna. The Carabao was identified by Doroteo Natividad as one that
disappeared in his coral and was also identified by the constabulary.
The accused was convicted by lower court as we have all known the we have a legal
principle that if the stolen animal found in the possession of the accused shortly
after the commission of the crime and they have no sufficient explanation of such
possession they may be properly convicted of the crime.
The accused appeal on the contention that they are entitled with the protection of
the provision of the Bill of rights that states that the accused shall enjoy the
opportunity to meet the witnesses face to face and according to Criminal
Procedure Section 15 (5) which says that in all criminal prosecutions the defendant
shall be entitled to cross examine the witnesses. In this case during the trial Sgt.
Persia was already dead and although his sworn statement was properly identified
by the Justice of the Peace of Tanuan Batangas and presented as Exhibit B against
the accused, Sgt. Persia was never presented in the witness stand. Hence the
appeal
Issue: Whether the present facts entitled the accused in the protection of the
provision of the bill of rights or whether the facts falls under some exception?
Held: The Supreme Court held that while it is true that the accused is being
protected by the provision of the bill of rights and under section 15 of criminal
procedure that makes Exhibit B, the sworn statement executed by the deceased
witness Sgt Presia making it inadmissible and improperly received as evidence in
lower Court and being erroneous it can be reversible and be remanded in the lower
court for new trial it will cause the accused nothing but delay on the for the
testimony of the owner of the carabao and the 2 Constabulary soldiers abd being no
strong evidence on behalf of the accused that will rebut the foregoing, it is deemed
sufficient to prove guilt beyond reasonable doubt.

The accused was sentence for four years, two months and one day of presidio
correccional and ordered to return the carabao to Doroteo Natividad.