G.R. No. 1961. February 02, 1905

The accused, Esteban Bautista and Nemesio Andino, are charged with
robbery, in that, in the words of the information, “the said Esteban
Bautista and Nemesio Andino, at or about the hour of 8, on the night of
the 7th of February, 1904, in the city of Vigan, in the Province of
Ilocos Sur, did willfully, criminally, and unlawfully enter the
building known as the Constabulary commissary, in the said city and
province, and with the object of gain, and taking advantage of the
darkness of the night, and of the disorder produced by the mutiny of
various members of the said Constabulary in Vigan, took the sum of
$864.16, in silver and bills, the property of the Insular Government,
which was in an iron safe in charge of the commissary lieutenant, using
force upon said safe, breaking it and aiding others in breaking it with
hatchets and other instruments, against the will of the owner and
contrary to the law.”

Each of the accused was found guilty of the crime as charged and sentenced to twelve years and one day of cadena temporal the
accessory penalties prescribed by law, the restitution of the property
taken, the indemnification of the owners thereof, and to the payment of
the costs.

We are of the opinion that the finding of facts and the judgment and
sentence of the court below are supported by the law and the evidence.

The Christian name of the accused Bautista is spelled Esteban in the
sentence of the trial court, whereas it is spelled Esteban in the
information upon which he was arraigned, without objection on his part.

We think that his name should have been spelled in the same way in
the sentence as it is spelled in the information upon which he was
arraigned, and that the sentence should be modified to that extent.

With this modification, the sentence appealed from should be affirmed. So ordered.

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