GR 1444; (February, 1904) (Digest)
G.R. No. 1444 , February 4, 1904
THE UNITED STATES, complainant-appellee, vs. SEVERO ALCANTARA, ET AL., defendants-appellants.
FACTS:
The defendants, Severo Alcantara, Ramon de Jesus, and Bernardo Gomez, were charged with the crime of bandolerismo. Bernardo Gomez pleaded guilty and was sentenced to twenty years imprisonment. Severo Alcantara and Ramon de Jesus were tried in the Court of First Instance of Rizal. Alcantara was sentenced to forty years, while De Jesus was initially sentenced to twenty years but was granted a new trial. After the new trial, De Jesus was again found guilty and sentenced to twenty years. The evidence established that the defendants were captured on February 8, 1903, during a clash between the Philippine Constabulary and the armed band of General San Miguel in Corral-nabato, Rizal. The band consisted of 300400 men armed with bolos and guns, and it operated by robbing inhabitants and exacting tribute. During the engagement, two Constabulary members were killed. The defendants claimed they were not members of the band but were forcibly sequestered; however, the trial court disbelieved their testimony and that of their witnesses.
ISSUE:
Whether the defendants are guilty of the crime of bandolerismo.
RULING:
Yes. The Supreme Court affirmed the convictions. The evidence conclusively established: (1) the existence of an armed band of 100400 men in Rizal; (2) the band was armed with guns and bolos; (3) it was organized for the purpose of robbery; (4) it carried out robberies on highways; and (5) the defendants were members of this band at the time of their capture. The trial courtβs assessment of witness credibility was upheld, and the defendantsβ claims of sequestration were found unmeritorious. The sentences imposed by the lower court were affirmed.
