G.R. No. 1139 : April 8, 1903
THE UNITED STATES, complainant-appellee, vs. LEANDRO DIAZ, ET AL., defendants-appellants.

FACTS:
The defendants, Leandro Diaz, Pioson, and Leongsong, were charged with the crime of brigandage under Act No. 518 . The prosecution alleged that Diaz knowingly accepted the office of vice-president, Pioson the office of captain, and Leongsong that of lieutenant, under appointments made by brigands, thereby assisting them. The primary evidence against Diaz was his own sworn statement, made on November 27, 1902, wherein he confessed that he had accepted the position of vice-president of an association called the “new K.K.K.” a little less than a month prior, out of fear of the ladrones (brigands). The prosecution presented witnesses who heard this confession but offered no evidence that Diaz was a member of a band of brigands or that the association’s purpose was brigandage as defined by law.

ISSUE:
Whether the defendants are guilty of the crime of brigandage as defined and punished under Act No. 518 .

RULING:
No. The Supreme Court acquitted all defendants, reversing the lower court’s judgment with respect to Leandro Diaz. The Court held that Act No. 518 , which took effect on November 12, 1902, could not be applied retroactively. Since Diaz’s confession indicated his appointment occurred prior to the law’s effectivity, his alleged act was subject to the provisions of the Penal Code, not Act No. 518 . Furthermore, the record contained no evidence proving that Diaz was a member of a band of brigands engaged in acts prohibited by Act No. 518 , or that the “new K.K.K.” association had brigandage as its purpose. The Court noted that if the association’s purpose was insurrection or sedition, it would be punishable under Act No. 292 , and the judge could take appropriate action upon the filing of a proper information for that crime.