G.R. No. 1587 : April 8, 1904
THE UNITED STATES, complainant-appellee, vs. MAXIMO DALAWAN, defendant-appellant.

FACTS:
The defendant, Maximo Dalawan, was charged with the crime of bandolerismo. The complaint alleged that during the last months of 1902 and the first months of 1903, in the Province of Bulacan, he was a member of an armed band led by Julian Santos, composed of more than three persons, which was dedicated to robbing carabaos and other personal property through force and violence. The band allegedly went out upon the highways and roamed the country armed with deadly weapons. After a trial in the Court of First Instance of Bulacan in October 1903, Dalawan was found guilty and sentenced to twenty-four years of imprisonment and payment of costs.

The prosecution presented multiple witnesses. Ricardo Aquino testified that he was detained for about a month by Julian Santos’s band, which consisted of around fifty armed men, and that he saw Dalawan frequently consulting with Santos. Gervasio Gimenez, a detective, stated that he saw Dalawan with the same armed band in the mountains near Bagbag, and that the band lived by robbery. Venancio Bartolome testified that he saw Dalawan armed among a group of about one hundred men led by Faustino Guillermo and General San Miguel, and that this band robbed an American near Caloocan. Enrique Pasion, a former soldier under Faustino Guillermo, corroborated that Dalawan was a member of the armed band, which attacked several pueblos in Bulacan and Rizal, stealing carabaos, rice, money, and other property.

The defense presented three witnesses, including two prisoners who admitted being former members of the band but claimed they had not seen Dalawan with it. Dalawan himself gave a general denial of the prosecution’s allegations.

ISSUE:
Whether the evidence presented is sufficient to prove beyond reasonable doubt that Maximo Dalawan is guilty of the crime of bandolerismo.

RULING:
Yes. The Supreme Court affirmed the judgment of the Court of First Instance, finding Dalawan guilty of bandolerismo. The evidence established that: (1) from December 1902 through March 1903, an armed band of more than three persons, led by General San Miguel, Faustino Guillermo, and Julian Santos, existed in Bulacan and Pasig; (2) the band was organized for the purpose of stealing carabaos and other personal property; (3) the band did, on several occasions, enter various pueblos and commit thefts; and (4) the band went out upon the highways and roamed the country armed with deadly weapons. The testimony of the prosecution witnesses was consistent and credible, while the defense’s denial and contradictory testimony were insufficient to overcome the proof of Dalawan’s participation in the band. Accordingly, the sentence of twenty-four years of imprisonment and payment of costs was upheld.