G.R. No. 1783. September 06, 1905

The complaint presented in the Court of First Instance of the
Province of Pampanga charged that this defendant, together with Basilio
de la Cruz and Juan de la Cruz, at about 2 o’clock a. m. on the 18th
day of October, 1903, did by force enter the house of Saturnina Manago,
in the barrio of San Agustin, in the pueblo of Santa Ana, announcing
themselves to be members of the Philippines Constabulary, and being
armed with guns and bolos, did, by means of force and intimidation take
from a trunk in said house the sum of 35 pesos, contrary to the law.

Silvino Arceo was tried alone, and was found guilty of the crime of
robbery under paragraph 5 of article 503 of the Penal Code, and was
sentenced to be imprisoned for the period of six years ten months and
one day of presidio mayor, with the accessories
corresponding, and indemnification of the property stolen, and
subsidiary imprisonment in case of insolvency, and to pay the costs of
the suit. From this sentence the defendant appealed.

The evidence adduced during the trial proved the following facts:
That Saturnina Manago, Martin Pineda, and Luis Pineda were the owners
of a house situated in the barrio mentioned in said complaint; that
they were sleeping in said house in the early morning of the 18th of
October, 1903, when they were awakened by the voices of some men; that
two of said men later entered the said house, one of them being armed
with a gun and the other with a bolo, and by force and intimidation
took from a maleta or satchel the sum of 30 pesos, the
property of said Saturnina Manago; that said armed persons took and
carried away from said house to the fields near by Martin Pineda and
Luis Pineda; that besides the two men who entered the house of the said
Saturnina Manago, one of whom was recognized as this defendant, there
were three others who remained outside, surrounding the said house;
that four of the said men were armed with bolos and one with a gun.

These proven facts constitute the crime of robbery by a gang, with
the aggravating circumstance of nocturnity. The robbery consisted in
the appropriation of 30 pesos by means of force and intimidation, and
was committed by more than three armed persons. There existed in the
commission of this crime, therefore, two aggravating circumstances—(a) nocturnity and (b)
that of having been committed in the dwelling of the aggrieved party.
There being two aggravating circumstances and no extenuating
circumstances, the maximum degree of the punishment provided for by the
code must be imposed.

Paragraph 5 of article 503 of the Penal Code provides that those
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 person or property in
cases of robbery by a gang shall be punished with the maximum degree of
the maximum of the penalty of presidio correccional to presidio mayor in its medium degree. The penalty here provided will be eight years eight months and eleven days to ten years of presidio mayor.

In accordance with the provisions of the Penal Code and the facts
proven, it is the judgment of this court that the defendant be
sentenced to be imprisoned for the period of nine years of presidio mayor,
with the accessories corresponding, a return of the property stolen,
without necessity to suffer subsidiary imprisonment in case of
insolvency, and to pay the costs of the suit. So ordered.

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