G.R. No. L-2641

FACTS:
The defendants, Domingo Macasadia, Alberto Malillos, Feliciano Montero, and Tomas Carpio, were charged with the crime of bandolerismo by the Provincial Fiscal of Batangas. The information alleged that on or about midnight of July 10, 1904, in the barrio of San Isidro, Santo Tomas, Batangas, the defendants, conspiring together and armed with a gun, a revolver, and bolos, went upon the highways and entered the house of Ursula Muger. There, through violence and intimidation, they appropriated various personal property valued at twenty pesos (₱20.00) belonging to Ursula Muger and her daughters. The Court of First Instance found them guilty as charged and sentenced each to twenty years of imprisonment. The defendants appealed.

ISSUE:
Whether the evidence presented during the trial is sufficient to convict the defendants of the crime of bandolerismo as charged.

RULING:
No. The Supreme Court held that the evidence was insufficient to prove the crime of bandolerismo. However, the facts established by the evidence constituted the crime of robbery with force and intimidation, while armed, under Article 502 in relation to paragraph 5 of Article 503 of the Penal Code. The Court applied the doctrine that the crime of robbery is included in a charge of bandolerismo when the complaint describes acts constituting robbery.

The Court found the presence of aggravating circumstances: cuadrilla (band), nocturnity, and that the crime was committed in the dwelling of another. There were no extenuating circumstances.

Regarding penalty, the Court noted that defendants Domingo Macasadia and Tomas Carpio were minors (17 years old) at the time of the offense and were therefore entitled to the privileged mitigating circumstance under Article 85 of the Penal Code.

Consequently, the Supreme Court REVERSED the judgment of the lower court and modified the penalties as follows:
1. Alberto Malillos and Feliciano Montero were sentenced to nine years of presidio mayor, with the accessory penalties under Article 57 of the Penal Code.
2. Domingo Macasadia and Tomas Carpio, by virtue of their minority, were sentenced to six months of arresto mayor, with the accessory penalties under Article 61 of the Penal Code.
All defendants were ordered to return the stolen property or indemnify the victims in the amount of twenty pesos (₱20.00), and to each pay one-fourth of the costs.