G.R. No. L‑3767
September 28, 1907

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FACTS
1. Offenders Florentino Leyba, Isabelo Manalo, and Isidro Almando were arrested for participation in a robbery that occurred on the night of 24 May 1906 at the residences of Vicente Badillo and Pastor Diocno.
2. Robbery Ten men allegedly entered the dwellings; five actually assaulted the victims. The three accused were among those identified.
3. Loss & Injuries – Badillo’s house: ₱1,000 in silver/notes plus a watch (valued ₱20); Vicente Badillo and his daughter Irene sustained injuries.
– Diocno’s house: ₱120 in cash and two gold rosaries (valued ₱30 and ₱15 respectively).
4. Trial Court Qualified the offense as robo en cuadrilla (Art. 503, §4, Penal Code) and sentenced the three to six years, ten months and one day of correctional imprisonment, ordered joint & several restitution of ₱1,000 to Badillo and ₱150 to Diocno, and imposed costs.

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ISSUE
1. Whether the proper statutory qualification is “brigandage” or “robo en cuadrilla” (robbery by a group).
2. What is the correct penalty range for robbery with injuries committed in a group, considering the aggravating circumstance of assault in the victims’ dwelling.
3. The correct amounts of civil indemnity to be awarded to Vicente Badillo and Pastor Diocno.

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RULING
1. Qualification of the crime The Supreme Court affirmed that the acts constitute robo en cuadrilla under Article 503, paragraph 4 (robbery with injuries) and Article 504 (penalty augmentation for group robbery). The charge of “brigandage” was erroneous.

2. Penalty Under Art. 503(p4) the prescribed range is presidio mayor (medium degree) to cadena temporal (maximum degree). Because the robbery was committed en cuadrilla, Art. 504 mandates the maximum degree. Adding the aggravating circumstance of violence in the victims’ dwelling (Art. 10, No. 20 of the Penal Code), the Court elevated the penalty to fourteen (14) years of cadena temporal with accessories under Article 56 of the Penal Code.

3. Civil indemnity – To Vicente Badillo: ₱1,000 (cash‑plus‑watch valuation) affirmed as proper.
– To Pastor Diocno: ₱165 (₱120 cash + ₱30 + ₱15 for the two gold rosaries) corrected from the trial court’s ₱150 award.

4. Disposition The three appellants are convicted of robbery in a group with injuries, sentenced to 14 years cadena temporal with the statutory accessories, ordered to pay ₱1,000 to Badillo and ₱165 to Diocno, without subsidiary imprisonment for insolvency, and to bear the costs of both instances.

Concurrence: Justices Torres, Johnson, Willard, and Tracey.