G.R. No. 1886. February 04, 1905

The defendant in this case was charged with the crime of robbery in
that he did, on or about the 20th day of October, 1903, in the
municipality of Danao, of the Province of Cebu, enter the house of one
Salvador Casas, and then and there, with intent to gain and by means of
intimidation, appropriate to himself thirty “tejidos de nipa” and one
“haz tambien de hojas de nipa.’

After hearing the proof in said cause the Court of First Instance of
the Province of Cebu sentenced the said defendant to be imprisoned for
the period of six months and one day in the provincial jail of the
Province of Cebu, to pay to the said Salvador Casas the amount of 75
cents, Mexican, the value of the nipa stolen, and the costs of the
suit, and in case of insolvency to suffer prision subsidiaria.

The evidence shows that the said defendant did enter the house of
Salvador Casas on the day mentioned in said complaint, and take and
carry away the quantity of nipa stated in said complaint. The
defendant, however, introduced proof to show that he entered the house
of the said Casas and carried away the said nipa by virtue of a search
warrant, issued by the justice of the peace of the pueblo of Danao.
This fact is supported by the testimony of the justice of the peace of
said pueblo.

While the search warrant under which the defendant alleges that he
took possession of the said nipa was not offered in evidence, yet the
statement of the defendant, confirmed by the testimony of the said
justice of the peace, convinces us that the defendant did, by lawful
means, take possession of the said nipa, and is therefore not guilty of
the crime of robbery. The defendant and the said justice of the peace
each allege that the search warrant was issued for the purpose of
searching the house of the said Casas, and for the purpose of taking
possession of the nipa described in the complaint in this case. The
defendant at the time of the service of the said search warrant was
president of the pueblo of Danao.

An officer who takes possession of personal property by means of a
search warrant lawfully issued and properly served can not be held
liable for the crime of robbery of the said property. The judgment of
the court below is therefore reversed, and the defendant is discharged,
with costs de oficio. So ordered.

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