G. R. No, L-6062. March 20, 1954

FRANCISCO ROXAS y IGNACIO and nine others were charged with robbery
in band by means of violence and intimidation committed thus:

“That on or about the 12th day of January 1946 in the City of
Manila, Philippines, the accused. Jose Valdez, alias Peping Bombay and
Jose Peralta, armed with carbines, while Arnaldo Gancero y Gipeca, Luis
Ponciano, Julian Belen and Eduardo Suarez y Encinas, armed with pistols
and Francisco Roxas y Ignacio and Alejandro Marcos y Castillo were armed
with revolvers, conspiring, confederating together and helping one
another, did then and there willfully, unlawfully and feloniously by
means of force violence and intimidation, with intent of gain, took,
stole and carried away the following personal property belonging to
Gorgonio Armobit and his wife, Hosario Armobit to wit:

Cash money in different denomination	P1,026.00
Table model Radio (Grono) 5 tubes	240.00
Four tubes radio	60.00
Child’s earing (red fancy stones	150.00
Two (2) Big Ben watches	12.00
One (1) Westclock	10.00
Hen’s clothings of unestimated number	2,500.00

all valued at P3,998.00. to the damage and prejudice of said
Gorgonio Armobit and Hosario Armobit in the aforesaid sum of P3,998,00,
Philippine currency.

“That the crime was committed with the aggravating circumstance of
dwelling, as the said robbery was committed in the house inhabited by
the offended party.”

When arraigned Francisco pleaded not guilty, but on the day of the
trial, assisted by counsel and with the permission of the court, he
withdrew his plea of not guilty and instead pleaded guilty to the
information above reproduced. He was sentenced for the crime defined and
penalized in Article 294, paragraph 5, of the Revised Penal Code in
connection with. Articles 29? and 296 of the same Code, to an
indeterminate penalty of not less than two (2) years, four (4) months
and one (1) day of prision correccional and not more than eight
(8) years and one (1) day of prision mayor, to indemnify the
offended party in the sum of P3,998.00, without subsidiary imprisonment
in case of insolvency, and to pay the proportionate costs.

Notwithstanding his plea of guilty Francisco appealed from the
decision, and no question of fact being involved in the appeal, the same
was taken directly to this Court. Atty, Leon S. Viola who was appointed
counsel de officio for him states in his brief that he
believes and so recommends that the decision appealed from should be
affirmed. He further tells us that he conferred with the appellant in
the Bilibid Prison at Muntinglupa, Rizal; and that apparently to
establish his innocence, appellant assured him that he could not have
committed the crime of robbery with violence and intimidation attributed
to him because at the time of its commission he (appellant) was
confined at the Boy’s Correctional School at Welfareville, Mandaluyong,
Rizal. Acting upon this assurance Atty. Viola went to the Correctional
Institution to check up on the record of Francisco in that institution
and he found that appellant was confined in that School from March 13th
to March 28th, 1946, while the crime of robbery took place on January
12, 1946, that is to say, about two months before his confinement at
Velfarevllie. From all this, we are convinced that appellant Francisco
is really guilty of the crime charged against him, and that seeing no
other way of saving himself tie thought of this scheme of proving an alibi.
Fortunately, however, the records of the Boyfe Correctional School at
Welfare ville are still intact to flatly disprove his false claim. We
find the maximum penalty imposed by the trial court to be within the
range provided by law. We believe, however, that the minimum penalty
could well and should be raised to four (4) years.

With this modification, the decision appealed from is hereby
affirmed, with costs.

Paras, C. J., Pablo, Bengzon, Padilla, Montemayor, Reyes, Jugo,
Bautista Angelo, Labrador, Concepcion, and Diokno, JJ.,
concur.