GR 1437; (February, 1904) (Digest)
G.R. No. 1437 : February 13, 1904
THE UNITED STATES, complainant-appellee, vs. AGATON AMBATA, ET AL., defendants-appellants.
FACTS:
The defendants were charged under Act No. 518 (Brigandage Act). Agaton Ambata was a member with the rank of major in the band led by Montalon, a band defined under the Act. The other defendants, including Anacleto Crusat and Teodorico Pisigan, were accused of aiding the band. The evidence showed that these other defendants collected money within their pueblos for Montalon, which was to be delivered to Agaton Ambata for the band. However, there was no evidence that they actually left their pueblos or joined the band in its camp. The specific issue arose from the fact that these defendants collected and furnished only money, not food, clothing, arms, or ammunition.
ISSUE:
Is the furnishing of money to a brigand band an offense under Section 4 of Act No. 518 , which penalizes knowingly aiding or abetting such a band by, among other specified acts, “procuring supplies of food, clothing, arms, or ammunition and furnishing the same to them”?
RULING:
No. The Supreme Court ruled that the furnishing of money is not an offense under Section 4 of Act No. 518 . The law specifically enumerates the articles the procurement and furnishing of which constitute the offense: food, clothing, arms, or ammunition. Money is not included in this enumeration. The Court held that the aiding or abetting must be done in one of the specific ways mentioned in the section. Since the legislature did not mention money by name, use a word that includes it, or employ a general phrase that might cover it, the act of furnishing money falls outside the scope of the penal provision. The judgment convicting Agaton Ambata as a member of the brigand band was affirmed. The other defendants were acquitted of the charge under Act No. 518 , without prejudice to the filing of other complaints for offenses that may be punishable under the Penal Code.
