G.R. No. L-1928

FACTS:
Engracio de Mesa and Simeon Carandag (appellants) were charged with and convicted of brigandage by the trial court. The information alleged that they conspired to form an armed band of about twelve members and committed robbery in San Juan de Bocboc on June 29, 1903. During the initial trial, the hearing was suspended upon a joint motion. Subsequently, a new judge granted a new trial, during which new witnesses were presented, leading to their conviction. The appellants appealed the judgment.

ISSUE:
Whether the evidence on record is sufficient to sustain the appellants’ conviction for the crime of brigandage.

RULING:
No. The Supreme Court found the evidence insufficient to support a conviction for brigandage. However, the evidence conclusively established their guilt for the crime of robbery committed by an armed band, aggravated by the circumstance of nighttime. Applying the doctrine established in prior cases (U.S. v. Ortega and U.S. v. Macasadia), the Court reversed the trial court’s judgment. The appellants were instead found guilty of robbery. The Court sentenced Engracio de Mesa and Simeon Carandag each to ten years of presidio mayor, with the corresponding accessory penalties, and ordered restitution and payment of costs. The Court did not address the procedural issue regarding the new trial, as the evidence from the second trial alone was sufficient to sustain the robbery conviction.