G.R. No. 1587. April 08, 1904

The defendant was charged with the crime of bandolerismo.
The complaint charged that he was a member of the band of Julian
Santos, composed of more than three persons, which band was dedicated
to the robbery of carabaos and other personal property by means of
force and violence; that said band went out upon the highways and
roamed over the country, armed with deadly weapons, within the Province
of Bulacan, Philippine Islands, during the last months of the year
1902, and the first months of 1903.

The defendant was tried in the Court of First Instance of the
Province of Bulacan in the month of October, 1903, was found guilty of
the crime charged, and was sentenced to be imprisoned for the period of
twenty-four years and to pay the costs of the suit.

The evidence of Ricardo Aquino shows that he had been sequestered by
the band of Julian Santos, which was then composed of about fifty armed
men; that he was detained by said band for the period of about one
month, and that he escaped from said band during an encounter which
took place between the members of said band and the Philippines
Constabulary in the pueblo of Bagbag; that the said defendant was,
during that period, a member of said band, and that he had seen the
said defendant frequently consulting with the chief of said band,
Julian Santos.

The testimony of Gervasio Gimenez shows that he was a detective, and
lived in the city of Manila; that he knew the accused, and had seen him
in the mountains near Bagbag with the band of Julian Santos; that said
band was then composed of about seventy armed men; that the accused was
nearly always seen with Julian Santos; that he, the said witness, had
been with the said band for about two months, and that the said band
lived by robbing carabaos and other personal property.

The testimony of Venancio Bartolome shows that he had known the
accused and had seen him on various occasions armed, with about one
hundred others, and that Faustino Guillermo and General San Miguel were
the chiefs of said band; that he had seen the said band near the pueblo
of Caloocan; that the band was then waiting for an opportunity to
attack the Philippines Constabulary; that while the said band was near
the pueblo of Caloocan they attacked and robbed an American of his
money and a watch.

Enrique Pasion testified that he had been a soldier of Faustino
Guillermo; that Guillermo was a colonel of the Katipunan Society; that
he had seen the accused with Guillermo’s band, which band was armed, as
well as the defendant; that said band had attacked several pueblos in
the Provinces of Bulacan and Kizal; that in the month of December the
said band entered the pueblo of Pasig for the purpose of attacking the
Philippines Constabulary and robbing them of their guns; that at the
time of this attack upon the pueblo of Pasig there were about one
hundred armed men in the band; that Faustino Guillermo and Julian
Santos were chiefs of the said band; that on the occasion when said
band entered the pueblo of Pasig they stole a vacuno and some
cavanes of rice; that the said band entered the pueblo of San Mateo,
and on that occasion stole three carabaos; that the band on this latter
occasion was composed of about twenty armed men; that on another date
the said band entered the pueblo of Navotas; that the said band was
armed, and that Guillermo was its chief; on this latter occasion the
said band stole
one horse and about 100 pesos; that the said accused was with the said
band for about one month.

The defense introduced three witnesses in addition to the testimony
of the defendant. Two of these witnesses were prisoners in the public
jail, and admitted that they had been soldiers and members of the said
band of General San Miguel and Faustino Guillermo, and that they had
not seen the defendant in such band.

Jose Tupas was introduced as a witness, presumably for the purpose
of showing that the time stated by the witnesses for the prosecution,
when the said band entered the different pueblos, were not the correct
dates. Upon examination of the witnesses for the prosecution it will be
noted that no date was fixed by the several witnesses when these
various entrances into the pueblos were made. No effort was made to
disprove the statements that the said bands did, on or about the dates
mentioned by the witnesses for the prosecution, enter the various
pueblos.

The defendant gave testimony in his own behalf, and his testimony
was in the n^tuie of a general denial of the facts proven by the
witnesses on behalf of the prosecution.

The evidence in this case justifies the following conclusions:

First. That in the month of December, 1902, and the months of
January, February, and March, 1903, there existed in the Provinces of
Bulacan and Pasig, in the Philippine Islands, an armed band composed of
more than three persons, commanded by General San Miguel, Faustino
Guillermo, and Julian Santos.

Second. That said band was organized for the purpose of stealing carabaos and other personal property.

Third. That said band did on several occasions enter various pueblos
in the said provinces, and did then and there steal carabaos, money,
and other personal property.

Fourth. That said band went out upon the highways and roamed over the country, armed with deadly weapons.

Therefore, we find the defendant guilty of the crime of
bandolerismo, in manner and form as charged in the said complaint, and
do hereby affirm the judgment of the Court of First Instance of the
Province of Bulacan and sentence the said defendant to be imprisoned
for the period of twenty-four years and to pay the costs of both
instances.

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