GR 2200; (April, 1905) (Digest)
G.R. No. 2200 : April 15, 1905
THE UNITED STATES, complainant-appellee, vs. PANTALEON CANTIL, ET AL., defendants-appellants.
FACTS:
The defendant-appellant, Pantaleon Cantil, cultivated a tract of hemp land for its owner. He delivered the owner’s share of the hemp produced to Apolonio Aitona and retained the shares for himself and the workmen he employed. The land was owned either by Apolonio Aitona or by Francisco Gamboa. At the time, Francisco Gamboa was the leader of a band of brigands, and there was a camp of certain members of this band located near the land in question.
ISSUE:
Whether the act of delivering the hemp share to the landowner or his agent constitutes the crime of aiding a band of brigands under Act No. 1121.
RULING:
No. The Supreme Court reversed the judgment of conviction and acquitted the defendant. The evidence was insufficient to convict the appellant of aiding a band of brigands under Act No. 1121. Even assuming that Gamboa was the owner and Aitona his agent, the appellant was merely delivering to them their own property when he turned over the hemp. This act does not fall under any of the ways of aiding a band of brigands as defined by the law. The Court agreed with the recommendation for acquittal. Costs were to be borne by the state (de oficio).
