G.R. No. 1573. April 12, 1904

The defendant was charged with the crime of bandolerismo.
He was tried in the Court of First Instance of the Province of Bataan
on October 7, 1003, and was sentenced to be imprisoned for the term of
thirty years, and to pay the costs of the suit.

Victor Santos, a witness on behalf of the prosecution, testified
that he knew the defendant; that he was commandant of a band of
bandits; that Eulalio Bundoc, Miguel Labrador, and Candido Dilma,
together with others. were his soldiers; that the defendant and his
soldiers, or the other members of his band, always carried arms; that
they were opposed to the Government and built trenches for the
protection of themselves near the pueblo of Bagbag; that the said band
sustained itself by robbing.

Silvestre Sangalang testified that he was a corporal of the
Constabulary, and knew the accused; that the accused and his companions
constituted a band of tulisanes, and that the band lived by
robbing; that it compelled the people to give it food and supplies by
force and intimidation, and that said band always went armed.

Vicente de la Peña testified that he knew the accused and assisted
in arresting him; that he was chief of a band of tulisanes; that said
band always went armed with deadly weapons, and was dedicated to
robbing carabaos and other personal property.

Canuto Mariano testified and stated that he knew the accused, and
that he and his companions entered certain barrios and demanded food;
that the band was composed of nine or more persons, and always went
armed; that the people gave them food under threats which were made by
the members of the said band and because of the fear that the people
had of the said band.

Florentino Andres testified that the accused, with his companions,
stole his banca; that he recovered his banca later through the
Constabulary, and that the defendant and his companions always went
armed.

Henry Knauber testified that he was an inspector of the
Constabulary, and knew the accused; that the accused and his band took
part in the- fight between the Constabulary and the band of ladrones on
March 20, 1903, at Corral-na-Bato; that the accused and his band were
under the command of General San Miguel; that the accused and his band
committed various robberies in the barrio of Cabcaben.

The prosecution introduced in evidence a document captured by the
Constabulary during the fight between the Filipino scouts and the band
of ladrones under the command of General San Miguel on March 27, 1903.
This document contained the names of a large number of persons,
together with their rank and title. Among the names given appear the
names of many persons heretofore sentenced by this court for the crime
of bandolerismo. The defendant’s name appears in the said
list as a member of the said band. A certificate is also attached to
the said document, signed by Saturnino Pascual, who signs himself ” The
Colonel Chief Organizer,” who certifies that ” in acknowledgment of the
services rendered to the mother country by Señor Tomas de Guzman I
hereby authorize
him to organize troops in the jurisdiction of Bataan, one of the
provinces of this Tagalog land.

” Wherefore, I request every one of the sons of the
people to recognize the said senor and show him due respect, obeying
his orders whenever they are lawfully issued,

” Issued at these organizing headquarters this 26th day of November, 1902.”

Another certificate, signed by the same Saturnino Pascual, contains the following statement:

” Republican Army of the Philippines, Bulacan Brigade, Third Battalion of regular forces:

”
In acknowledgment of the good character and services rendered to the
mother country by Senor Tomas de Guzman, I hereby appoint him captain
paymaster of the regular infantry, to take effect from this date.

”
Wherefore, I advise all military and civil officials to recognize him
and show the respect due his rank, and obey his orders whenever they
are lawfully issued and inacordance with the authority of his office.

” Issued at these Third Battalion Headquarters this 26th day of November of 1902.”

The defendant offered no proof in his own behalf.

The facts adduced in open court in this case justify the following conclusions:

First. That Tomas de Guzman was a member of an armed band, composed of more than three persons;

Second. That said band was armed with deadly weapons, and went out
upon the highways and roamed over the country for the purpose of
robbing carabaos and other personal property;

Third. That the band committed various acts of robbery by means of threats and violence.

Therefore, we do hereby find the defendant guilty of the crime of bandolerismo under Act No. 518 of the Civil Commission, and do hereby confirm the judgment of the court below. So ordered.

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