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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
January-1904 Jurisprudence                 

  • G.R. No. 982 January 4, 1904 - LIM-JUCO v. LIM-YAP

    003 Phil 130

  • G.R. No. 1367 January 4, 1904 - UNITED STATES v. PACIFICO GONZAGA

    003 Phil 135

  • G.R. No. 1534 January 4, 1904 - FORTUNATO RICAMORA v. GRANT T. TRENT

    003 Phil 137

  • G.R. No. 1406 January 6, 1904 - UNITED STATES v. ROSCOE C. COX

    003 Phil 140

  • G.R. No. 1272 January 11, 1904 - UNITED STATES v. BALDOMERO NAVARRO, ET AL.

    003 Phil 143

  • G.R. No. 1180 January 13, 1904 - UNITED STATES v. ROSALIA ANACLETO, ET AL.

    003 Phil 172

  • G.R. No. 1298 January 14, 1904 - UNITED STATES v. JUAN SINGUIMTO

    003 Phil 176

  • G.R. No. 1433 January 14, 1904 - CO-BOO v. LIM-TIAN

    003 Phil 186

  • G.R. No. 1443 January 16, 1904 - UNITED STATES v. ALFONSO ABISON, ET AL.

    003 Phil 191

  • G.R. No. 1380 January 18, 1904 - CONSOLACION MIJARES v. DELFINA NERY, ET AL.

    003 Phil 195

  • G.R. No. 1697 January 18, 1904 - MUNICIPAL COUNCIL OF SANTA ROSA v. LA LAGUNA

    003 Phil 206

  • G.R. No. 1267 January 19, 1904 - CO-TIANGCO v. TO-JAMCO

    003 Phil 210

  • G.R. No. 1344 January 19, 1904 - UNITED STATES v. VALENTIN TRONO, ET AL.

    003 Phil 213

  • G.R. No. 1390 January 19, 1904 - UNITED STATES v. RAFAEL CERVANTES

    003 Phil 221

  • G.R. No. 1376 January 21, 1904 - UNITED STATES v. J. VALENTINE KARELSEN

    003 Phil 223

  • G.R. No. 555 January 22, 1904 - UNITED STATES v. PANTALEON GIMENO

    003 Phil 233

  • G.R. No. 1304 January 22, 1904 - UNITED STATES v. PETRONILO DONOSO, ET AL.

    003 Phil 234

  • G.R. No. 1275 January 23, 1904 - UNITED STATES v. MELENCIO TUBIG

    003 Phil 244

  • G.R. No. 1408 January 25, 1904 - MACARIO DE LEON v. ANASTASIO NAVAL

    003 Phil 258

  • G.R. No. 1431 January 27, 1904 - UNITED STATES v. SIMON PUNSALAN

    003 Phil 260

  • G.R. No. 1401 January 27, 1904 - UNITED STATES v. ESTEBAN BARE ET AL.

    003 Phil 262

  • G.R. No. 1354 January 30, 1904 - UNITED STATES v. SIMON DE PADUA

    003 Phil 265

  • G.R. No. 1391 January 30, 1904 - UNITED STATES v. LEONCIO PAPA

    003 Phil 268

  • G.R. No. 1436 January 30, 1904 - UNITED STATES v. JOAQUIN TRILLANES

    003 Phil 270

  • G.R. No. 1723 January 30, 1904 - FRANCISCO GUTIERREZ REPIDE v. JAMES J. PETERSON

    003 Phil 276

  •  





     
     

    G.R. No. 1390   January 19, 1904 - UNITED STATES v. RAFAEL CERVANTES<br /><br />003 Phil 221

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 1390. January 19, 1904. ]

    THE UNITED STATES, Complainant-Appellant, v. RAFAEL CERVANTES, Defendant-Appellee.

    Solicitor-General Araneta, for Appellant.

    Claro Reyes, for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; BRIGANDAGE; EVIDENCE. — Proof that members of the band to which the defendant belonged were thieves in sufficient to justify a finding that the band was organized for the purpose of robbery.


    D E C I S I O N


    ARELLANO, C.J. :


    In this case a complaint was filed and proceedings instituted charging the defendant with brigandage, and the court found the facts as proved; but, considering that the acts charged in the complaint are not sustained by the evidence, in that it was not proven that the band of which the accused was a member was organized for the purpose of stealing personal property, as alleged in the complaint, the accused was acquitted without prejudice to a subsequent prosecution upon the facts established by the evidence.

    The Solicitor-General calls attention to the testimony of the witnesses Mateo de la Cruz and Regino de la Paz. The former stated that during the time the band remained in the village they went to every house in search of effects, but did not succeed in taking anything away on account of the prompt arrival of assistance. The other testified as follows: "I know them to be men who come into the villages and take property which does not belong to them;" "they took the chickens that were in the huts of my village;" thus showing the error of the court below in not finding that the band of which the accused was a member had robbery for its object. In our opinion the court did err in this particular.

    Therefore, the facts set forth in the complaint being duly and sufficiently proved as constituting the crime of brigandage, which is punished by Act No. 518, according to section 1 of this law we sentence the accused, Rafael Cervantes, to twenty years’ imprisonment and the costs and reverse the decision appealed from by the Government. So ordered.

    Torres, Cooper, Willard, Mapa, McDonough and Johnson, JJ., concur.

    G.R. No. 1390   January 19, 1904 - UNITED STATES v. RAFAEL CERVANTES<br /><br />003 Phil 221


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