G.R. No. 2092 : April 15, 1905
THE UNITED STATES, complainant-appellee, vs. ALEJANDRO GONZALEZ (alias Dando) ET AL., defendants-appellants.

FACTS:
On September 28, 1903, between 3 and 4 o’clock in the morning, Alejandro Gonzalez and Genaro Atienza, together with two unknown men, entered the house of Sy Poco at No. 105 Calle Echague, Quiapo, Manila. The inhabitants were asleep. The accused gained entry by making an opening in the partition wall between houses No. 105 and No. 103. Upon entering, they awakened Sy Poco, who confronted them. Alejandro Gonzalez then attacked and wounded Sy Poco in the right arm with a poniard. The malefactors subsequently fled. The accused were arrested near the house shortly after the incident and were positively identified by Sy Poco and another resident, Sy Sing. It was established that Sy Poco had ₱1,000 in a trunk inside the house. The accused were charged with attempted robbery.

ISSUE:
Whether the acts committed by the accused constitute the crime of attempted robbery under the Penal Code.

RULING:
Yes. The Supreme Court found the accused guilty of attempted robbery under Article 508, paragraph 3, in relation to Article 66 of the Penal Code. The Court held that the accused performed overt acts directed toward the consummation of robbery by scaling the house, breaking the wall, and entering through the opening. Their criminal intent was evident from these acts. The crime was not consummated not because of their voluntary desistance, but because the inhabitants awoke, creating a fear of apprehension. The aggravating circumstance of nocturnity was present, with no mitigating circumstances. Accordingly, the penalty was imposed in its maximum degree. The judgment of the lower court was reversed, and the accused were each sentenced to two months of arresto mayor, with the corresponding accessories, and to pay the costs. The Court also instructed the lower court to proceed accordingly if a separate complaint for the wounding (lesiones) of Sy Poco was filed.