GR 3231; (January, 1907) (Digest)
FACTS
– Braulio Cadutdut, a member of a 16‑man armed band led by Gabino Rama, participated in raids in Cebu (April 22, 1904), stealing livestock, burning homes, and killing two persons (Petrona and Mariano).
– The Court of First Instance sentenced Cadutdut for bandolerismo under Act 518 to death; Meliton Gabonada was sentenced for robbery to four years + two months, which he did not appeal.
– Cadutdut appealed, contending that the death penalty was unwarranted.
ISSUE
Whether the death penalty may be imposed for the crime of bandolerismo when the evidence does not show that the accused was the leader of the band nor that he committed homicide under circumstances that merit capital punishment under the Penal Code.
RULING
The Supreme Court held that death may be imposed for bandolerismo only if (a) the defendant is proven to be the leader/organizer of the band, or (b) he has committed a capital‑eligible crime (e.g., homicide) in the course of the band’s activities. The record showed neither. Consequently, the death sentence was reversed and Cadutdut was sentenced to life imprisonment (natural life) and costs. Gabonada’s conviction and sentence remained unaffected.