GR 1376; (January, 1904) (Digest)
March 7, 2026GR 1390; (January, 1904) (Digest)
March 7, 2026G.R. No. 1391 : January 31, 1904
THE UNITED STATES, complainant-appellant, vs. LEONCIO PAPA, defendant-appellee.
FACTS:
The defendant, Leoncio Papa, was charged with the crime of bandolerismo before the Court of First Instance of Rizal. The evidence established that on the night of December 24, 1902, an armed band of 100 to 400 men, under the command of Faustino Guillermo and General San Miguel, attacked the town of Pasig. The band’s objective was to rob the Constabulary of their arms and supplies and to loot the provincial treasury. During the attack, which was repulsed, members of the Constabulary were killed and wounded. Evidence showed that the defendant, armed and as part of this band, participated in the attack by sequestering individuals, including a member of the Constabulary, and was identified as one of those who entered a house in the barrio of Rosado and carried away money. The trial court dismissed the charge for bandolerismo and directed the fiscal to instead file a complaint for insurrection. The prosecution appealed this dismissal.
ISSUE:
Whether the evidence presented is sufficient to convict the defendant of the crime of bandolerismo under the relevant law.
RULING:
Yes. The Supreme Court reversed the judgment of the Court of First Instance. The evidence conclusively established the existence of an armed band organized for the purpose of robbery, which went out upon the highways to commit such crimes. The defendant was proven to be a member of this band and participated in its criminal raids. These facts constitute the crime of bandolerismo as defined by law. Consequently, the defendant is guilty. The Court sentenced Leoncio Papa to imprisonment for twenty years and to pay the costs of the suit.
