G.R. No. 1958. January 30, 1905

It appears fully proven by the testimony of the witnesses for the
defense as well as by those of the prosecution that the defendant was
taken prisoner by a band of brigands commanded by Julian Ramos and that
he left the band at the first opportunity he found and reported
immediately to the local authority of his town, giving an account of
what had taken place.

The mere fact that the defendant was among the members of the band
during the time he was prisoner does not constitute nor can it
constitute the crime of bandolerismo. Such a circumstance
created by force and, evidently, contrary to the will of the defendant
can not be charged against him in any manner, since it is proven that
he left the band as soon as he had the chance to do so. Will, on his
part, is lacking, and intention is a most indispensable element in
determining the existence of any crime.

Therefore we reverse the judgment below and acquit the defendant.
The warden of Bilibid Prison shall be given the necessary orders to
release him immediately, the costs in both instances to be de oficio. So ordered.

Arellano,C. J., Torres, Johnson, and Carson, JJ., concur.