G.R. No. 1354. January 30, 1904

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3 Phil. 265

[ G.R. No. 1354. January 30, 1904 ]




The complaint in the above-entitled cause states that the
defendant, together with Pedro de la Cruz, one called Bernardino, and
others, did illegally conspire together to form a band of robbers for
the purpose of stealing carabaos and other personal property by means
of force and violence, and went out upon the highway armed with
deadly weapons for that purpose; that the said accused, in the month
of November, 1902, knowing the existence of said band and its
unlawful purposes, did aid said unlawful band by giving them
information of the movements of the Constabulary and by giving them
supplies of food and other supplies. The defendant was president of
the pueblo of Tarangnan.

The evidence adduced during the trial clearly proved the existence
of the band such as was described in the complaint, which was
composed of from 300 to 400 armed men;that this band was under the
command of Pedro de la Cruz; that the band had been organized in the
month of August, 1902; that frequent robberies occurred in the pueblo
of Tarangnan committed by this band, of which thea accused had

Notwithstanding the frequent robberies committed by this band in
and about the pueblo of Tarangnan, of which the accused was the
president, he repeatedly reported to both the governor of the
Province of Samar and the chief of the Constabulary of that province
that everything was peaceful and quiet in his pueblo. It was also
shown that different members of this band frequently visited in the
house with the accused, which shows to some extent that he was on
friendly relations with them.

It was also proven that at times he gave orders, as president of
the pueblo of Tarangnan, to the councilmen of the barrios of his
pueblo, to notify him if members of this band should be seen in the
pueblo, in order that some action, supposedly, might be taken against
them. These orders showed that the accused had (1) knowledge of the
existence of the so-called band and (2) of its unlawful purposes.

It was also shown and not disputed that the accused as such
president did, on one occasion, send his vice-president to the camp
of this unlawful band for the purpose of selling to them personal
cedulas, thus attempting to place in their hands certificates of
respectability, and which to some extent made their existence as a
band more difficult to establish.

The proof further shows that on or about the 20th day of December,
1902, the accused delivered to Pedro de la Cruz, at his camp situated
at the place called Bunayon, a certain amount of rice and fish for
the use of himself and soldiers under his command. The proof further
shows that on the same day the accused gave to the leaders of the
band notice of the fact that the Constabulary had planned an attack
on the band that same night. The attack did take place. The proof
shows that the band was prepared with extra guards, etc.

Under the law, he who knowingly aids a band of brigands by
furnishing them with food or other supplies shall, upon conviction
thereof, be punished by imprisonment for not less than ten years and
not more than twenty years.

The following conclusions of fact are deducible from the proof in
this cause:

  1. That a band of brigands, composed
    of from 300 to 400 men, armed with deadly weapons, existed in and
    about the pueblo of Tarangnan, in the Province of Samar, P. I.

  2. That the armed band had conspired
    together to steal carabaos and other personal property by means of
    force and violence, and to roam over the country for that purpose.

  3. That the accused had full
    knowledge of the existence of said band, he having had frequent
    intercourse with them.

  4. That on or about the 20th day of December, 1902, the accused,
    in the jurisdiction of the pueblo of Tarangnan, in the Province of
    Samar, P. I., did voluntarily aid the band of brigands by giving
    them food consisting of rice and fish, and also by giving them
    information concerning the movements of certain forces of the
    Philippines Constabulary located in the Province of Samar.

The trial judge, after hearing the proof, sentenced the said Simon
de Padua to be imprisoned for the period of twelve years, with the
accessories prescribed by law and the costs.

It is the judgment of this court that this sentence be affirmed,
and it is so ordered.

Arellano, C. J., Torres, Cooper, Willard, Mapa, and
McDonough, JJ., concur.

Date created: January 11, 2019


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