G.R. No. 1548. February 11, 1904

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3 Phil. 317

[ G.R. No. 1548. February 11, 1904 ]

THE UNITED STATES, COMPLAINANT AND APPELLEE, VS. PAULINO GARCIA ET AL., DEFENDANTS AND APPELLANTS.

D E C I S I O N



WILLARD, J.:

That the defendants all belonged to the band of Valeriano Gasic was
not disputed. It is claimed, however, that although it was proved that
this band consisted of thirty-five men, all armed with guns, that it
was living in the mountains, and that it assaulted the town of Naujan,
seized and carried off seven of the inhabitants, four of whom it
afterwards killed, yet no robbery was committed. The evidence shows the
contrary. They carried away from the public building of Naujan a trunk
containing money. At their camp this money was divided among the
members of the band. Orders were given from time to time to different
members of the party to go from the camp to specified places and seize
the palay there located.

The band in question comes within section 1 of Act No. 518, and the
judgment of the court below imposing the penalty of life imprisonment
upon the appellants is confirmed with the costs of this instance
against them.

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






Date created: January 16, 2019




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