G.R. No. L‑5344
December 14, 1909

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FACTS
– Andrea Arao Nepomuceno was in lawful possession of a pair of gold earrings set with 16 diamonds (valued at ₱600) which she held as pledge for a debt of ₱345.
– On 12 May 1908, while Arao was away from her bedroom, Basilia Decano and her daughter Valeriana Deuda, who were lodging in the same house, saw the earrings in a green‑leather case on the washstand.
– Witness Saturnina Lambergue saw Valeriana open the case, remove its contents and replace the empty case, after which the earrings disappeared.
– The next day the two women attempted to have the earrings repaired (Marcelino Rodriguez, goldsmith) and later pawned and sold them to Eugenia Pongo for ₱80.
– The theft was reported; the provincial fiscal filed a criminal complaint for theft under Art. 517‑518, Penal Code.
– The trial court sentenced Basilia Decano to 1 yr 8 mo 21 days of presidio correccional, Valeriana Deuda (a minor aged 15‑18) to 4 mo 21 days of arresto mayor, ordered the earrings returned to Arao, joint‑and‑several liability for ₱80 to Pongo, and costs. Execution was suspended under Act No. 1438.
– Both appealed.

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ISSUE
1. Whether Valeriana Deuda is liable as the principal thief despite her minority.
2. Whether Basilia Decano, as the mother of the principal, is liable as an accessory after the fact and, if so, what penalty is applicable.
3. Whether the trial court’s imposed penalties and costs are proper.

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RULING
1. Principal liability The evidence (eyewitness testimony, the goldsmith’s identification, the pawn‑sale to Pongo) established beyond reasonable doubt that Valeriana Deuda alone removed the earrings. Her age (15‑18) does not exempt her from criminal responsibility; she is liable as a principal and the conviction for theft and the sentence of arresto mayor are affirmed.

2. Accessory liability Basilia Decano, knowing of the theft, assisted her daughter in profiting from the stolen property (repair request, pawn‑sale). Under Art. 15(1) of the Penal Code she is an accessory after the fact. Article 16 does not exempt a mother who “makes profit” (No. 1). Consequently, she is liable, but the penalty is limited to the fine prescribed in Art. 68 (medium degree). The Court reversed the custodial sentence and imposed a fine of 2,000 pesetas, with subsidiary imprisonment of at most 1 month 1 day if the fine remains unpaid (Art. 92).

3. Costs and restitution Both appellants are ordered to share equally the costs of the suit. The earrings must be returned to Andrea Arao if not yet delivered.

Disposition:
– Affirmed the conviction and sentence of Valeriana Deuda.
– Reversed the custodial penalty of Basilia Decano; imposed a fine of ₱2,000 pesetas (with possible subsidiary imprisonment) and joint responsibility for the ₱80 owed to Eugenia Pongo.
– Both to pay the costs of the proceedings; earrings to be returned to the owner.

The judgment of the Court of First Instance is thus modified as above.