G.R. No. 1958 : January 30, 1905
THE UNITED STATES, complainant-appellee, vs. ESTEBAN CABINGAN, defendant-appellant.

FACTS:
The defendant, Esteban Cabingan, was taken prisoner by a band of brigands commanded by Julian Ramos. The evidence, from both prosecution and defense witnesses, established that he left the band at the first opportunity and immediately reported to the local authorities of his town, giving an account of what had occurred.

ISSUE:
Whether the defendant’s mere presence in the band of brigands, under circumstances where he was held against his will, constitutes the crime of bandolerismo.

RULING:
No. The Supreme Court reversed the judgment of the lower court and acquitted the defendant. The Court held that the defendant’s presence in the band was the result of force and contrary to his will, as proven by his prompt escape and report to authorities. The element of will or criminal intent, which is indispensable for the existence of any crime, was absent. Therefore, his involuntary association with the band did not constitute the crime of bandolerismo. The defendant was ordered to be released immediately, with costs de oficio.