[ G.R. No. 1625. April 07, 1904 ] 3 Phil. 614
[ G.R. No. 1625. April 07, 1904 ]
THE UNITED STATES, COMPLAINANT AND APPELLEE, VS. EULALIO BUNDOC ET AL., DEFENDANTS AND APPELLANTS. D E C I S I O N
WILLARD, J.:
The evidence is sufficient to convict the appellants of the crime of brigandage. It is claimed, .however, that the complaint on which they-were convicted is insufficient and that the judgment must therefore be reversed.
The complaint states that—
During the present year, 1903, and until the month of June of the same year, and in the mountains, forests, and towns of this province, the persons above named, with others unknown, led by the so-called General Tomas de Guzman, formed a band of brigands, with firearms and cutting weapons, engaged in robbery and pillage of various articles, causing alarm and terror to the inhabitants of this province, against the United States, and contrary to the law.
It is stated, as is seen, that there was a band of more than three people; that they were armed with deadly weapons; that during a part of the year 1903 they devoted themselves to robbery; and that this same band during the time when they were engaged in robbery were in the mountains, forests, and populated parts of the province. It is said, however, by the dissenting justice, that there is no allegation that they went out on the highway or roamed over the fields. The complaint fairly shows that the robberies to which the band devoted itself were committed in the mountains, also in the forests, and also in the populated parts of the province. In view of the allegations of the complaint, we can not assume that while the band was passing from one of these places to another, as for example from the mountains to the. barrios, they did not go by the highways or by the fields and that they stopped committing robberies when they left the mountains and did not commence again until they reached the barrios.
In view of the act that the complaint alleges that the band devoted itself to robbery, it was not necessary to allege that they conspired for that purpose.
The complaint is sufficient and the judgment is affirmed, with the costs of this instance against the appellants.
Arellano, C. J., Torres, Mapa, McDonough, and Johnson, JJ., concur.