GR 1480; (February, 1904) (Digest)
G.R. No. 1480, February 16, 1904
THE UNITED STATES, complainant-appellee, vs. FRANCISCO DE LA CRUZ, ET AL., defendants-appellants.
FACTS:
The defendants, Francisco de la Cruz and others, were each charged with the crime of bandolerismo. The evidence established that prior to February 1903, the defendants were members of the volunteers. In February 1903, they, along with twenty-two others, deserted, taking their firearms and ammunition. Thereafter, each of the accused was found at different times as part of an armed band in the mountains, which was proven to be a band of brigands. This band, on several occasions, entered various pueblos demanding rice and money from the inhabitants, entered houses for robbery, and was armed with guns and revolvers. The band also sequestered policemen from Malolos, detaining them in the mountains. The band was under the control of Dalmacio Caambol, appointed as a lieutenant by General San Miguel. The defendants presented no evidence in their defense.
ISSUE:
Whether the defendants are guilty of the crime of bandolerismo.
RULING:
Yes. The Supreme Court affirmed the judgment of the Court of First Instance of Rizal. The evidence justified the conclusions that: (1) an armed band of three or more persons existed in the Province of Rizal in February 1903; (2) the purpose of the band was to rob carabaos and other personal property; and (3) the accused were members of said band. Accordingly, the defendants were each sentenced to imprisonment for twenty years.
