GR L 2671; (December, 1906) (Digest)
G.R. No. L‑2671
December 5, 1906
FACTS
– Defendants were charged under §4 of Act No. 518 (as amended by Act No. 1121) for aiding and abetting a band of brigands in Albay.
– The band, led by Agustín Saria, operated in 1902‑1903, stealing cattle and other property.
– Evidence showed Victoriano Poblete supplied food (rice, etc.) to Saria knowing Saria was the brigand chief; Mariano Borromeo’s alleged assistance could not be proven.
– The trial court convicted Poblete (15 years hard labor) and Borromeo (10 years hard labor + costs); the latter conviction was appealed.
ISSUE
Whether the conviction and sentence of Victoriano Poblete for “aiding and abetting” under §4 of Act No. 518 are warranted, and whether the conviction of Mariano Borromeo should be upheld.
RULING
– The Court reversed Borromeo’s conviction for lack of proof that he knowingly aided a brigand band.
– For Poblete, the Court affirmed liability because he knowingly furnished food to the known brigand chief, satisfying the mens‑rea requirement of §4.
– However, the Court reduced Poblete’s penalty to the statutory minimum of ten (10) years’ imprisonment (hard labor) plus costs.
– The judgment was modified accordingly, entered after ten days, and the case remanded for proper procedural compliance.
Concurrence: Chief Justice Arellano, Torres, Mapa, Carson, Tracey.
Dissent: Justice Willard.
