G.R. No. 1459. February 02, 1905

The defendant here was charged with the crime of robbery, tried by the
Court of First Instance of the Province of Pampanga, and sentenced on
the 15th day of July, 1903, to be imprisoned for a period of eight
years and eleven months of presidio mayor
with the accessories provided for in article 57 of the Penal Code, to
return to the agent of the Manila and Dagupan Railroad at the pueblo of
Angeles the sum of 143.56 pesos, Mexican, and in failure of which to
suffer subsidiary imprisonment in accordance with the provisions of the
Penal Code. At the time the defendant was arrested the sum of 21 pesos
was recovered, and was in the hands of the clerk of the court at the
time of the trial.

The evidence shows that upon the 2d day of November, 1902, the
defendant, together with other persons, two of whom were armed with
revolvers, entered the railroad station in the pueblo of Angeles, in
the Province of Pampanga, and by threats and intimidation did then and
there appropriate to themselves and carry away the sum of 165.47 pesos
of the money of the said agent.

He who, with intent of profiting thereby, shall take possession of
the personal property of another, with violence or intimidation of the
person, or by employing force with regard to the personal property, is
guilty of the crime of robbery, and if neither death, violation, nor
mutilation of the person robbed occurs, or if no more force was used
than was necessary for the perpetration of the crime, the guilty party
shall be punished with the penalty of presidio correccional to presidio mayor in its medium degree.

The aggravating circumstance of nocturnity occurred in the commission of the offense charged against the defendant.

There were no extenuating circumstances. Therefore, by virtue of
subsection 3 of article 81, the maximum penalty provided for in
subsection 5 of article 503 of the Penal Code must be imposed.

The evidence adduced during the trial of said cause under the
provisions of the Penal Code justified the sentence imposed by the
trial court. It is therefore affirmed. So ordered.

Arellano, C J., Torres, Mapa, and Carson, JJ. concur.