1. CRIMINAL LAW; BRIGANDAGE; EVIDENCE. — When the evidence is not sufficiently certain to show that the accused had conspired to rob, or that they had committed robbery, or that they had given aid and comfort to brigands, there can be no conviction of the crime of brigandage.

The defendants in this case were charged with the crime of bandolerismo and were tried in the Court of First Instance of the Province of Rizal. At the conclusion of the trial Placido Espiridion and Tiburcio de la Cruz were acquitted and discharged. The other three defendants were each convicted of the crime of bandolerismo and were sentenced to be imprisoned for the term of ten years under section 4 of Act No. 518 of the Philippine Commission.

The evidence presented in the case was not sufficiently certain certain to show that the accused were guilty of the crime charged. The proof was not sufficient to show that the accused had conspired to rob or had even committed robbery. Neither was the proof sufficient to show that the accused had given aid and comfort of any character whatever to bandits or brigands.

The sentence of the court below is therefore reversed, and the defendants and each of them are hereby ordered discharged.

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