GR 2134; (April, 1905) (Digest)
G.R. No. 2134 : April 17, 1905
THE UNITED STATES, complainant-appellee, vs. EUSEBIO CAGAYAN, ET AL., defendants-appellants.
FACTS:
Eusebio Cagayan and Feliciano Felino (alias Baguio) were charged with the crime of bandolerismo. The complaint alleged that after November 13, 1902, they conspired with Macario Sacay and others to form an armed band of more than three persons, armed with guns, revolvers, and other deadly weapons. This band roamed the mountains and towns of Rizal province, committing robberies, sequestrations for ransom, and other acts of violence and depredation. Specifically, the band was implicated in two invasions of the town of Bosoboso in January 1904, where they sequestered and tortured the municipal president, and an invasion of Teresa in April 1904, where they robbed houses, took prisoners, and extorted ransom. During arraignment, both defendants confessed to being members of Sacay’s band, though they pleaded not guilty to the specific robberies. Feliciano Felino, who was the vice-president of Bosoboso at the time he joined the band, claimed he complied with orders out of fear for his family.
ISSUE:
Whether the defendants, Eusebio Cagayan and Feliciano Felino, are guilty of the crime of bandolerismo as defined and penalized under Section 1 of Act No. 518.
RULING:
Yes, the defendants are guilty of bandolerismo. The Supreme Court affirmed the lower court’s judgment with modification. The evidence, including the defendants’ own confessions and the testimonies of witnesses, conclusively established that they were members of Macario Sacay’s armed band, which consisted of more than three persons and was engaged in robbery, sequestration, and other acts of brigandage. As such, they incurred the penalty provided by Act No. 518. The Court found the liability of Feliciano Felino to be greater due to his position as a municipal vice-president, which he betrayed by voluntarily joining the band. Accordingly, the penalty for Eusebio Cagayan was affirmed at twenty years of imprisonment. The penalty for Feliciano Felino was increased to twenty-five years of imprisonment. Both were ordered to pay the costs proportionately.