GR 1592; (April, 1904) (Digest)
G.R. No. 1592 : April 22, 1904
THE UNITED STATES, complainant-appellee, vs. APOLONIO NATIVIDAD, defendant-appellant.
FACTS:
The defendant, Apolonio Natividad, was charged with the crime of bandolerismo. The prosecution presented evidence that he was a member of an armed band. A signed confession by the defendant, taken by Inspector Leandro Santos of the Philippine Constabulary and witnessed by Urbano Luna, stated that he, together with named companions, stole eight carabaos from Sapang-Palay, San Jose, Bulacan, in May 1903. The confession detailed that the band was armed with guns and bolos and that the stolen carabaos were delivered to individuals in Novaliches, Rizal. The carabaos were identified as belonging to Fabian Gallego, stolen from the care of his son Segundo Gallego, and later recovered from the Philippine Scouts. At trial, the defendant claimed his confession was coerced through maltreatment and threats by Inspector Santos. The Court of First Instance of Bulacan found the confession voluntary and convicted the defendant.
ISSUE:
Whether the defendant is guilty of the crime of bandolerismo under Act No. 518 .
RULING:
Yes, the defendant is guilty of bandolerismo. The Supreme Court affirmed the judgment of the lower court. The Court found that the trial court’s factual determinationthat the defendant’s extrajudicial confession was made voluntarily and without promise of rewardwas justified by the evidence. The facts established that the defendant was a member of a band that roamed the country armed with deadly weapons for the purpose of stealing personal property, specifically carabaos. These acts constitute the crime of bandolerismo as defined in Section 1 of Act No. 518 . Accordingly, the penalty of twenty years of imprisonment imposed by the trial court was affirmed.
