GR 1945; (January, 1905) (Digest)
G.R. No. 1945 : January 4, 1905
THE UNITED STATES, plaintiff-appellee, vs. MANUEL NAVARRETE, ET AL., defendants-appellants.
FACTS:
The defendants were charged with the crime of bandolerismo in the Province of Cavite. After trial in the Court of First Instance, Manuel Navarrete was dismissed for insufficient evidence. Co-defendants Enrique Molera and Marcelo Nopuenta were found guilty of giving aid and information to a band of ladrones (robbers) led by one Felizardo. Specifically, the evidence showed that Marcelo Nopuenta purchased and gave hats and shoes to the band, provided them with food (rice, meat, and fish) on several occasions, and informed them of the movements of the insular police. The band was described as operating on the highways armed with deadly weapons, compelling people to give food and money, and sequestering persons. The lower court sentenced Enrique Molera to ten years of presidio and Marcelo Nopuenta to twelve years, with each to pay a share of the costs. Only Marcelo Nopuenta appealed.
ISSUE:
Whether the evidence is sufficient to support the conviction and sentence of Marcelo Nopuenta for the crime of bandolerismo.
RULING:
Yes, the evidence is sufficient. The Supreme Court affirmed the judgment of the lower court. The testimony of witnesses Felix Maragat and Eugenio San Diego established that Marcelo Nopuenta provided material support (clothing and food) and crucial information to a known band of ladrones, with knowledge of the band’s criminal purpose of stealing property through force and violence. His actions constituted giving aid and comfort to the band, which is punishable under the law against bandolerismo. The sentence of twelve years of presidio and payment of costs was therefore confirmed.
