G.R. No. 1945. January 04, 1905

These three defendants were charged with the crime of bandolerismo,
committed in the Province of Cavite, and were tried by the judge of the
Court of First Instance of that province. The said Navarrete was
dismissed because of insufficient evidence. Enrique Molera and Marcelo
Nopuenta were found guilty of giving aid and comfort to a band of
ladrones, and also of giving information to the said band of ladrones
of the movements of the insular police, and the said Enrique Molera was
sentenced for the term of ten years de presidio and
Marcelo Nopuenta to a period of twelve years, and each to pay one-third
of the costs. From this sentence Marcelo Nopuenta appealed.

The question presented here is whether or not the evidence is
sufficient to support the sentence of the court imposed upon Marcelo
Nopuenta. The testimony of Felix Maragat (folio 7) shows that in the
month of November, 1903, Marcelo Nopuenta purchased in Manila hats and
shoes, and gave them to Felizardo, who was then and there the chief of
a band of ladrones in the Province of Cavite; that on several occasions
he gave food to the said band of ladrones; that the said band of
ladrones went upon the highways armed with deadly weapons; that the
said defendant gave to Felizardo and his companions notice of the
movements of the insular police.

The testimony of Eugenio San Diego shows that one Felizardo was the
chief of a band of ladrones in the Province of Cavite; that the said
defendant Marcelo gave food to the said band in the form of rice, meat,
and fish; that the said band of ladrones entered various pueblos of the
Province of Cavite, compelled the people to give them food and money,
and on various occasions sequestrated different persons. The only
defense interposed by the defendants was in the form of a general
denial. The judge of the Court of First Instance found the defendant
guilty of giving to the said band of ladrones, of which Felizardo was
the chief, aid and comfort, knowing that the said band was a band of
ladrones organized for the purpose of stealing carabaos and other
personal property by means of force and violence, and sentenced the
said defendant to twelve years de presidio and to pay one-third of the costs.

The evidence adduced in said cause is sufficient to justify this
sentence, and therefore the same is hereby confirmed. So ordered.

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