G.R. No. 1550. March 24, 1904

The defendant was charged with the crime of brigandage. He was tried
in the Court of First Instance of the Province of Cebu, was convicted
and sentenced to be imprisoned for a term of twenty years and to pay a
one-fifth part of the costs. Four others, Mariano Naval, Mamerto
Ornopia, Julian Ornopia, and Victoriano Labitaña, were arrested and
tried at the same time upon the same complaint. These latter were
acquitted at the trial. Julio Polosan appealed from the sentence
imposed upon him.

The proof taken in the trial shows that the defendant had, perhaps,
been selling small slips of paper upon which was written the phrase quien vive, and that the money received from such sales was given to the pulahanes
who then existed in said Province of Cebu. There was no proof that the
defendant had robbed, conspired with others to rob, or had given aid
and comfort to a band of bandits or brigands. Without such proof one
can not be convicted of brigandage.

The sentence of the lower court is therefore revoked, and the
accused is hereby ordered discharged, without prejudice to the right of
the fiscal, if he believes the proof to be sufficient, to file a new
complaint for the crime of illegal exactions.

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