G.R. No. 1444. February 04, 1904

The accused were charged with the crime of bandolerismo. They were
tried in the Court of First Instance of the Province of Rizal on the 6th day of
April, 1903. When they were arraigned before the Court of First Instance of the
Province of Rizal, Bernardo Gomez plead guilty to the charge and was then and
there sentenced to be imprisoned for the term of twenty years and to pay the
costs of the said suit. At the conclusion of the trial Severo Alcantara and
Ramon de Jesus were each found to be guilty of the crime charged in the
complaint and were sentenced by the court: Severo Alcantara to be imprisoned for
the term of forty years and Ramon de Jesus for the period of twenty years. Ramon
de Jesus moved for a new trial, which new trial was granted on the 29th day of
April, 1903.

At the conclusion of the new trial on the 17th of July, 1903, the court found
Ramon de Jesus guilty of the crime charged and he was again sentenced to twenty
years of imprisonment. The evidence adduced in the trial showed that Severo
Alcantara, Ramon de Jesus, and Bernardo Gomez were captured on or about the 8th
day of February, 1903, during a light which took place between the Constabulary
of the Province of Rizal and the forces of General San Miguel, in or near
Corral-nabato. The evidence shows that the companions of San Miguel numbered
from 300 to 400 armed men. These men were armed with bolos and guns and were
under the command of General San Miguel. The evidence showed that the band had
frequently visited the barrios and pueblos in and near the Corral-nabato for the
purpose of robbing and also for the purpose of compelling the people therein to
pay tribute to them. The evidence shows that as a result of the fight General
San Miguel and his forces were driven out of the corral and many documents were
found signed by Julian Santos and others, which clearly showed the unlawful
existence of the band. It was shown that these documents had been signed by
Julian Santos, by a person who was familiar with his handwriting. The evidence
shows that during the fight two members of the Constabulary, one officer and one
soldier, were killed. The evidence clearly shows that San Miguel was present and
took part in the fight.

The defendant Ramon de Jesus swore in his own behalf and said that he was a
laborer, was more than 40 years old, and had lost one hand by an accident some
years before. He said that he had been sequestered by General San Miguel’s band
because of the fact that they supposed him to be a secret officer of the
Americans. This testimony was not believed by the court below.

Severo Alcantara also testified in his own behalf and stated that he had been
a prisoner in the provincial jail of the Province of Rizal charged with the
crime of murder and had escaped and had gone to his home, where he was
sequestered by the members of San Miguel’s band. He claimed that at the time of
the attack he was not a member of the band nor connected with it in any way, but
simply happened to be mixed up with it at the time of the engagement between it
and the Constabulary. He was trying to run away from that place at the time he
was captured.

In the new trial of Ramon de Jesus an attempt was made again on the part of
the defendant to prove that he had been sequestered. His wife was called as a
witness and she testified that her husband had been carried away by some persons
whom she did not know. She could not remember the date nor the month when this
fact took place. The court below found this evidence was not to be believed. The
court below saw and heard the witnesses, and we find no reason for taking a
different view of facts.

Prudencio Zalazar was also called as a witness for the defense in the new
trial and testified that Ramon de Jesus had been sequestered by some persons in
the month of February last. This, however, was contrary to the statement of the
wife and certainly was not considered as having any weight by the trial court.
The evidence in the foregoing case justifies the following conclusions:

1. That a band of armed men existed in the Province of Rizal, composed of
from 100 to 400 men.

2. That said band was armed with guns and bolos.

3. That said band was organized for the purpose of robbing personal
property.

4. That said band did, at various times, go out upon the highways and rob
personal property.

5. That the said accused were members of the said band at the time of their
arrest

Therefore the sentence of the court below is hereby affirmed with the costs
of both instances.

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