G.R. No. 1535 : April 11, 1904
THE UNITED STATES, complainant-appellee, vs. JUAN GINETE, defendant-appellant.

FACTS:
An information was filed charging Juan Ginete and others with the crime of brigandage. It alleged that they organized and led an armed band of thieves, known as pulahanes, for the purpose of stealing carabaos and other property, and that they participated in an attack on the town of Tuburan on May 4, 1903. After a preliminary investigation, the case proceeded solely against Juan Ginete. The prosecution’s evidence showed that on the day after the attack, Ginete went around selling pieces of paper with painted crosses for 50 cents each, telling people that the returning pulahanes would kill those not possessing such papers. A Constabulary lieutenant testified that similar papers were found on people and on a dead man after the encounter. However, no witness testified that Ginete was a member of the band, was present during the attack, or had any direct connection with the brigands.

ISSUE:
Whether the accused, Juan Ginete, is guilty of the crime of brigandage as charged.

RULING:
No. The Supreme Court reversed the judgment of conviction and acquitted Juan Ginete of the crime of brigandage. The evidence failed to prove that Ginete was a member of the armed band, participated in its criminal activities, or provided aid and comfort to the brigands within the meaning of the law. The acts provenselling papers through threatsmight constitute the separate crime of robbery, but this offense was not charged in the information. Since the information specifically charged brigandage and the evidence did not support it, the accused must be acquitted. The Court directed that if a proper information for robbery based on the fraudulent sale of papers is filed, the trial court should proceed accordingly.