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[PEOPLE v. MORO HASSAN ET AL.](http://lawyerly.ph/juris/view/ce292?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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[ GR No. 22013, Jul 31, 1924 ]

PEOPLE v. MORO HASSAN ET AL. +

DECISION

47 Phil. 961

[ G.R. No. 22013, July 31, 1924 ]

THE PEOPLE OF THE PHILIPPINE ISLANDS, PLAINTIFF AND APPELLEE, VS. MORO HASSAN ET AL., DEFENDANTS. MORO HASSAN, APPELLANT.

D E C I S I O N

ROMUALDEZ, J.:

The appellant attacks  the  judgment of the Court of First Instance of Jolo convicting him and his co-defendants of brigandage,  and sentencing  each of them to twentyyears' imprisonment, to return the  things robbed  or to pay  their value and the costs, alleging that the trial  judge erred in finding that the  appellant was a  member of the band headed by Maharajah Mahang; in finding that the appellant took part in the robberies and other illegal acts committed by said  party  under Mahang's  command;  and in finding the appellant guilty of brigandage.

It is a fact alleged and proven that in  the year  1921, within the jurisdiction of  the Province of Jolo, Maharajah Mahang  and others conspired, associated and  formed several  parties  of brigands and engaged in brigandage, such as is defined and punished by the law.

The question at issue in this appeal is as to the participation of the appellant "moro" Hassan in one of the aforesaid  parties of brigands commanded by Maharajah Mahang. From the testimony of  Tabong, a convicted  member of said  party, it appears that Hassan, the herein appellant, is one of those who have been in Bawisan in company with Maharajah Mahang and his party of brigands, and that there said appellant, together with the others, swore to accompany Maharajah Mahang in robbing, killing the soldiers and opposing the  establishment of  schools  (fols. 43-52, st. n.).

The witness Among  testifies that he went with the brigands, Hassan and others  (fols.  93 and 97, id.).  Lieutenant Ballesteros of the Constabulary testified  to having seen the appellant in company with Maharajah Mahang in an encounter between  the  Constabulary  soldiers and that party of brigands (fol.  15, id.).   This  testimony is corroborated by Felix Habalo, a Constabulary corporal. The testimony given by the witness, Lieutenant Sevilla of the Constabulary, concerning the encounters he had had with Hassan and his party, is corroborated by the testimony of the appellant Hassan himself (fols.  80, 81, id.).

We find the participation of the appellant in one of the parties  of brigands  headed by Maharajah  Mahang  to have been proven beyond a reasonable doubt.  This is sufficient for convicting the  appellant, inasmuch as once these facts  are proven, it is not necessary  to prove that a particular member of the party has committed the  acts constituting brigandage (sec. 2, Act No.  518).  The fact that the appellant had been  with the party  which killed Lieutenant Tigno of the Constabulary  in Parang on the night of September 25, 1921, is no argument against his being convicted of  brigandage.  Act No. 518,  as  amended by Act No. 2036, does not exclude from  brigandage the fact that three or more persons, conspiring  together, have formed a party of robbers for the purpose of robbing  carabaos, etc., or for any other purpose by means of force and violence (sec.  1).

We see no merit in  the  assignment of errors, and find the guilt of the  appellant, under the  information and  the evidence,  sufficiently proven beyond  a reasonable  doubt. The  judgment appealed  from is  affirmed in all  its  parts with the costs against  the appellant.  So ordered.

Johnson, Street, Malcolm, Villamor, and Ostrand, JJ., concur.

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