4 Phil. 430
[ G.R. No. 1727. April 18, 1905 ]
THE UNITED STATES, COMPLAINANT AND APPELLEE, VS. JULIO DE LA CRUZ ET AL., DEFENDANTS AND APPELLANTS.
D E C I S I O N
MAPA, J.:
The facts established constitute the crime of robbery en cuadrilla, provided for and punished under article 504 of the Penal Code, and not that of bandolerismo, as charged in the complaint, since there is no proof that the defendants formed or were a part of a band of brigands such as is defined by Act No. 518 and Act No. 1121 amendatory thereof. The crime of robbery en cuadrilla being necessarily included in that of bandolerismo, the defendants can be convicted of the former notwithstanding having been charged with the latter, in accordance with the doctrine established in several decisions of this court.
We affirm the judgment appealed from, it being understood that the crime committed is robbery en cuadrilla and not bandolerismo, with the costs in this instance to appellants. So ordered.
Arellano, C. J., Torres, and Johnson, JJ., concur.
Carson, J., reserves his opinion.
Date created: May 09, 2014
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