G.R. No. 1716, March 14, 1905
THE UNITED STATES, plaintiff-appellee, vs. ISAIAS AGUASA, ET AL., defendants-appellants.

FACTS:
The appellants were convicted of the crime of brigandage under Section 1 of Act No. 518 of the Philippine Commission. The trial court imposed varying sentences, including the death penalty upon Diego Felizardo and Mariano Colocado, thirty years’ imprisonment upon Angel Maglambayan, and twenty years’ imprisonment upon the other numerous appellants. During the pendency of the appeal, Mariano Colocado and Dalmacio Silang died in Bilibid Prison. The appellants also assigned as error the trial court’s dismissal of the information against some of their co-accused and the subsequent use of those discharged individuals as witnesses for the prosecution.

ISSUE:
1. Whether the guilt of the appellants was proven beyond a reasonable doubt.
2. Whether the trial court erred in dismissing the information against some accused and utilizing them as witnesses.
3. Whether the imposition of the death penalty upon Diego Felizardo was proper.

RULING:
The Supreme Court affirmed the convictions with modifications.
1. The evidence adduced at the trial fully established the guilt of each appellant, except for Agustin de los Santos, Paulino Candava, and Nicolas Pato, as to whom there existed reasonable doubt. They were acquitted.
2. The proceeding of discharging some accused to be utilized as witnesses is specifically authorized under Section 34 of General Orders, No. 58. While the testimony of such witnesses is subject to grave suspicion, in this case, their evidence was substantiated by that of many other witnesses. Thus, there was no prejudicial error.
3. The death penalty imposed on Diego Felizardo was reduced to thirty years’ imprisonment. The record contained no evidence showing that he was a chief or leader of the brigand band or that he took a direct part in any murders or assassinations committed by the band. Without proof of these aggravating circumstances, capital punishment was not warranted.

DISPOSITION:
The sentences of the trial court were affirmed as to all appellants except: (a) Mariano Colocado and Dalmacio Silang, as to whom the information and proceedings were dismissed due to their death; (b) Agustin de los Santos, Paulino Candava, and Nicolas Pato, who were acquitted; and (c) Diego Felizardo, whose death sentence was reversed and substituted with thirty years’ imprisonment. Costs were allocated accordingly.