GR 1546; (April, 1904) (Digest)
G.R. No. 1546 : April 16, 1904
THE UNITED STATES, complainant-appellee, vs. FELIPE RAMA, defendant-appellant.
FACTS:
On July 27, 1903, the deputy provincial fiscal filed an information in the Court of First Instance of Cebu charging Felipe Rama with the crime of brigandage under Act No. 518 . It was alleged that after November 12, 1902, he organized an armed band for the purpose of stealing carabaos and other property by force and violence in the areas of Capampangan and near the San Nicolas cemetery in Cebu. During the trial, evidence was presented showing that between June and July 1903, a band of 15 to 20 armed men, led by Gavino Rama (the accused’s son), was operating in the barrio of Guadalupe, engaging in robbery, extortion, kidnapping for ransom, and killing. Multiple witnesses, including some who had been held captive by the band, testified that the accused, Felipe Rama, knowing the illegal activities of the band, provided food, shelter, and rice to its members, including his son, at his house in Guadalupe. The accused denied the charges, claiming he was framed and beaten upon arrest, and presented witnesses, including his daughter, who testified they never saw armed men in his house.
ISSUE:
Whether the accused, Felipe Rama, is guilty of the crime of brigandage as defined and punished under Act No. 518 , specifically for aiding and abetting a band of brigands.
RULING:
Yes. The Supreme Court affirmed the judgment of the lower court, finding Felipe Rama guilty under Section 4 of Act No. 518 . The Court held that the evidence sufficiently established beyond reasonable doubt that the accused, with knowledge of their illegal activities, gave aid and protection to the armed band led by his son by providing them with food and shelter. The testimony of the prosecution witnesses, including victims of the band, was deemed credible and outweighed the exculpatory allegations of the defense. Furthermore, the Court ruled that even though the information charged the offense under Section 1 of Act No. 518 (organizing a band), a conviction under Section 4 (aiding and abetting) was proper as it is a lesser degree necessarily included in the crime charged, pursuant to Section 29 of General Orders No. 58. The penalty imposed by the trial court was affirmed.