G.R. No. 1821. March 21, 1905

These defendants were each charged with the crime of bandolerismo. They were tried by the Court of First Instance of the Province of Nueva Ecija in the month of October, 1903.

Apolonio Ortega and Pedro Ortega’were found guilty of the crime of bandolerismo,
and were each sentenced to be imprisoned for the period of twenty
years; to return to Tomas Avesamis two carabaos found in their
possession, or in default thereof to pay to him the sum of 200 pesos,
the value of said carabaos; and to pay one-fifth of the costs of said
suit. The other defendants, Apolinario Ortega, Andres Ligon, Mariano
Madrid, and Andres Pascual, were found not guilty of the crime charged,
and were dismissed by the trial court. Apolonio Ortega and Pedro Ortega
appealed from said sentence.

The evidence adduced during the trial of said cause shows that on
the night of the 27th of March, 1903, seven armed persons entered the
corral of Pedro Manalang, where were kept five carabaos, the property
of Tomas Avesamis, and by force and violence took and drove away the
said five carabaos. Apolonio Ortega and Pedro Ortega admitted before
the members of the police who arrested them, before the justice of the
peace who prepared the preliminary investigation, as well as before the
Court of First Instance, that they assisted in the robbing of said
carabaos. There was no evidence, however, which showed that the
defendants belonged to a band that went out upon the highways and
roamed over the country armed with deadly weapons for the purpose of
stealing carabaos and other personal property; neither was there any
evidence, direct or circumstantial, which justifies this court in
finding that the defendants, together with other persons who assisted
in stealing the said carabaos, had conspired together for the purpose
of going out upon the highways and roaming over the country for the
purpose of stealing carabaos and other personal property. The evidence
was therefore insufficient to convict the defendants of the crime of bandolerismo,
as denned in Act No. 518. The evidence, however, does show that the
defendants were guilty of the crime of robbery, with force and
violence, in company with other persons armed with deadly weapons.

The sentence of the Court of First Instance of the Province of Nueva
Ecija rendered in this cause is therefore reversed and the defendants
are hereby sentenced to be imprisoned for the period of eight years of presidio mayor;
to return to Tomas Avesamis the two carabaos found in’ their possession
or to pay to him the sum of 200 pesos, the value of said carabaos; and
to pay one-fifth of the costs of said suit. So ordered.

Arellano, C. J., Torres and Mapa, JJ., concur.
Carson, J., reserves his vote.