G.R. No. L-8856; November 21, 1913
THE UNITED STATES, plaintiff-appellee, vs. JULIAN SAULOG, ET AL., defendants. JULIAN SAULOG, appellant.

FACTS:
On June 7, 1912, two cows valued at P200, belonging to Doroteo Mangubat, disappeared from their pasture in Dasmariñas, Cavite. Subsequently, Mangubat received information that two cows were concealed in a bamboo grove in the barrio of Malagasang, Imus. Accompanied by relatives and a policeman, Mangubat went to the location and found his two cows in the care of a boy, Eulalio Jaramillo. The animals were recovered and the incident was reported to the authorities.

An investigation revealed the existence of a band of robbers in Imus, engaged in the theft of large cattle. The band was composed of Julian Saulog (the teniente of the barrio), Casimiro Sarne, Marcelo Sarne, Pedro Sarne, Patricio Mascardo, Cayetano Sakilayan, Benigno Sarne, Jose Malaquinpanga, and others. The band would conceal stolen animals in an uninhabited part of Malagasang, where they were kept in a hut and corral under the charge of Marcelo Sarne and his son Casimiro. The stolen cattle were either ransomed back to their owners, butchered, or, in some instances, escaped. The proceeds from ransoms and a share of the meat were consistently delivered to Julian Saulog.

It was established that the two cows of Mangubat were stolen by Casimiro Sarne and Cayetano Sakilayan, acting on behalf of the band and under the orders of Julian Saulog. The animals were taken to the bamboo grove near Marcelo Sarne’s hut and kept there for seven or eight days. The day after the theft, Saulog went to Sarne’s hut and conferred with members of the band, setting a ransom price of P25 for each cow.

Julian Saulog and Casimiro Sarne were charged with the crime. The Court of First Instance convicted both as principals. Saulog appealed his conviction.

ISSUE:
Whether appellant Julian Saulog, who did not take material part in the actual taking of the cattle, can be held liable as a principal for the crime of theft of large cattle.

RULING:
Yes. The Supreme Court affirmed the conviction of Julian Saulog as a principal in the crime of theft of large cattle.

The Court ruled that when theft of large cattle is committed by a gang or band, all members of the band are considered principals in the commission of the crime, even if only a few actually performed the act of taking. This includes those who did not materially participate, provided the criminal act was carried out by direct inducement, order, request, or by virtue of a common agreement among all members, especially when motivated by the hope of unlawful gain.

In this case, although it was not proven that Saulog personally stole the cows, the evidence established that he was a member and leader of the organized band, received a share of the profits (from ransoms and butchered meat), and used his influence as a barrio teniente. His position and participation in the band’s plans and designs made him a co-principal, not a mere accessory. His influence and suggestions were instrumental in the commission of the thefts undertaken by the band.

The crime was qualified as theft under Articles 517, 518(3), and 520 of the Penal Code, in relation to Act No. 2030 . No aggravating or mitigating circumstances attended the commission of the crime. The penalty was imposed in its medium degree.

The Supreme Court modified the penalty imposed by the lower court, sentencing Julian Saulog to four years, two months, and one day of presidio correccional, with the corresponding accessory penalties, and to pay the costs. No indemnity was awarded since the stolen property was recovered.