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EN BANC

G.R. No. 1498  February 24, 1904

UNITED STATES,Complainant-Appellee, vs. MARTIN CABUENAS,Defendant-Appellant.

Eulogio R. Chanco for appellant.
Office of the Solicitor-General Araneta for appellee.

TORRES, J.:

The defendant was accused of brigandage by the provincial fiscal of Cebu, in a complaint dated July 23, 1903, wherein it was stated that after the 12th of November, 1902, and prior to the date of the complaint, Cabuenas had formed a numerous party of bandits in the barrio of Inagauan, of the pueblo of Talisay in said island, for the purpose of robbing carabaos and other personal property by means of force and violence, and that he led said party under the title of captain-general, and that he and his partisans, armed with deadly weapons, had been wandering through the mountains of Talisay and of Pardo, and that the defendant feloniously received property stolen by said band, and furnished it with provisions, clothing, arms, and ammunition, contrary to the law.chanrobles virtual law library

The complaint having been filed and the case called for trial, from the evidence adduced thereat it appears that Martin Cabuenas in Talisay, Cebu, organized a numerous party of malefactors, altogether about 200 persons, of whom he constituted himself the leader with the title of captain-general, and that they, armed with bolos and revolvers, had been wandering over the country and through the mountains of the pueblo of Talisay and Pardo, and had engaged in robbing money, carabaos, and maize, besides committing other outrages against the residents of said towns and the agents of the Government. This is all shown by the testimony of the witnesses Agustin Cabunales, Ambrosio Bacalso, Gregorio Abapo, Melquiades Lasala, Mateo Luga, (lieutenant of Constabulary), Graciano Nadela, Pedro Sabillano, Miguel Bacalso, Meliton Canizares, Patricio Mosqueda, Graciano Ragasa, Bartolome Tabora, Vicente Badayos, Pedro Nadela, Juan Base Villarrosa (justice of the peace of Cebu), Juan Climaco (governor of the province), Juan Capalan, Benigno Timno, Luis Madazo, and Olimpio Deiparine (municipal president of Talisay). The last named witness was the one who arrested the accused with the aid of two volunteers. It is to be observed that some of the witnesses above mentioned had been watching the residence of the accused, by order of the authorities, for the purpose of determining his conduct and character.chanrobles virtual law library

According to the testimony of Graciano Nadela, one of the companions of the accused, when the party was organized the Manduang, pueblo of Minglanilla, the accused demanded money, under threats and ill treatment, from one Botoy, who on this account died in May, 1903. The witness Graciano Ragasa testified that when he was sequestered with three other policemen by the partisans of the accused, his companions and he were disarmed, and that their captors then went to the house of Pablo Cabellon in Inagauan, and as the latter resisted them he was wounded with a bolo by the accused, although not seriously.chanrobles virtual law library

Mateo Luga, a lieutenant of Constabulary, exhibited a document which appears on page 74 of the record, signed by the accused, which said document was found in the pocket of a person who died in a fight which the Constabulary had with some malefactors in Jacupan, in the town of Talisay, on the afternoon of July 27, 1903, which document is a lieutenant's commission. Governor Climaco testified that the signature appended to the document exhibited was that of Martin Cabuenas, he being familiar with the handwriting of the accused, and that the latter called himself first master, because the supreme chief was Roberto Caballero (record, p. 72). On page 75 of the record there appear the cedulas which the defendant distributed.chanrobles virtual law library

The facts above stated unquestionably constitute the crime of brigandage, comprised in section 1 of Act No. 518, of November 12, 1902.chanrobles virtual law library

It appears perfectly established in the case that the accused, after having organized a numerous band of ladrones, assumed the command of said party, and he, as well as the other members thereof, being armed with deadly weapons, engaged in the robbery of carabaos, provisions, and especially of money, which at different times of the day and night they demanded from the people under threats of death and by means of ill treatment and other personal outrages; that they also took the arms of several policemen whom they sequestered, and that they wandered over the fields and mountains of said towns committing the acts of violence and pillage which mark them as brigands.chanrobles virtual law library

Consequently the defendant has incurred some of the penalties prescribed in said section, and according to the opinion of the court that of life imprisonment should be imposed. The death of Botoy can not be considered as fully established, and much less than of Pablo Cabellon, who, according to the witnesses, was only wounded, and that not seriously.chanrobles virtual law library

For the reasons stated we are of the opinion that the decision of the court below must be reversed, and the accused, Martin Cabuenas, sentenced to the penalty of life imprisonment and the costs. The case will be remanded to the court below, with a copy of this decision and of the judgment to be entered therein, for execution.chanrobles virtual law library

Arellano, C. J., Cooper, Mapa and McDonough, JJ., concur.

Separate Opinionschanrobles virtual law library

WILLARD, J., dissenting: chanrobles virtual law library

In my opinion the decision of the Court of First Instance should be affirmed and the defendant sentenced to death.

JOHNSON, J., dissenting: chanrobles virtual law library

The defendant is charged with the crime of bandolerismo, as follows: chanrobles virtual law library

That in the month of July, 1903, in the barrio of Inagauan, of the pueblo of Talisay, of the Province of Cebu, he formed a band composed of more than three persons with the object of robbing carabaos and other personal property by means of force and violence; that the said accused was the chief of the said band, with the title of "captain-general;" that the said band went out upon the highways, armed with deadly weapons, with the object of robbing carabaos and other personal property.chanrobles virtual law library

During the trial of the case many witnesses were presented on behalf of the prosecution.chanrobles virtual law library

The testimony of Agustin Cabunales shows that the accused was the head of a band composed of a large number of men; that the accused or his men had sequestered the said witness and had demanded of him money; and because the said witness was unable to comply with the said demands of the accused, he was detained in the house of the accused and was manacled and ill-treated; that the accused threatened to kill the witness; that the companions of the accused were armed and went upon the highways armed with bolos and pinutis.chanrobles virtual law library

The testimony of Ambrosio Bacalso shows that the defendant and his soldiers compelled him to give them money and threatened to arrest him if he refused to comply with their wishes.chanrobles virtual law library

The testimony of Gregorio Abapo shows that the companions of the accused, under the orders of the accused, had compelled him to pay them money; that because of fear and of their threats he paid the money.chanrobles virtual law library

The testimony of Olimpio Deiparine shows that he was president of the pueblo of Talisay; that the accused ordered him to surrender his authority to him and his soldiers; that the accused was at the head of a band of armed men; that the band was armed with bolos and pinutis.chanrobles virtual law library

The testimony of Melquiades Lasala shows that he was chief of police of the pueblo of Talisay; that he knew the accused, and had known him for a long time, and that he was the leader of a band of men located in one of the barrios of the pueblo of Talisay, and that said band was armed and was engaged in robbery.chanrobles virtual law library

The testimony of Mateo Luga shows that he was a member of the Constabulary; that he knew the accused; that the accused was at the head of an armed band and that the object of the accused and his band was to demand money of the people.chanrobles virtual law library

The testimony of Graciano Nadela shows that he was a policeman; that he known the accused; that he had been in the house of the accused; that the accused had said to him that he was the head and leader of a band of about 200 men; that the accused was called "general" by the members of the band; that the band was armed with bolos and pinutis; that the band maintained itself by robbing money and carabaos and by compelling the people to pay contributions; that the band had menaced one Botoy until they killed him; that the people had left the place where the band was located because of the fear they had for the accused and his band.chanrobles virtual law library

The testimony of Pedro Sabillano shows that he had been acquitted with the defendant for a long time; that he was in the house of the accused and saw many armed men there.chanrobles virtual law library

The testimony of Meliton Canizares shows that he had known the accused and that he had seen the accused in charge of a band of about 200 armed men; that the men were armed with bolos and pinutis.chanrobles virtual law library

The testimony of Patricio Mosqueda shows that he was a member of the Constabulary and had known the defendant for a long time; that he visited the quarters of the accused as a spy and saw many armed men there.chanrobles virtual law library

The testimony of Graciano Ragasa shows that he, together with two others, had been sequestered by the accused and his band, and compelled to go with them; that they followed this band until they arrived at the house of one Pablo Cabellon, where the band was engaged in a fight with the said Pablo, and the witness and his two comp