GR 2063; (February, 1905) (Digest)

G.R. No. 2063 : February 24, 1905
THE UNITED STATES, complainant-appellee, vs. TOMAS BIRUEDA, defendant-appellant.

FACTS:
The defendant, Tomas Birueda, a corporal in the Constabulary, together with two non-appealing co-defendants, captured and tied the owner of a house and three other persons to a wall. This initial act was done on suspicion that they had aided a band of robbers being pursued by the Constabulary. Several hours later, while the victims remained tied, the appellant and his companions took 250 pesos from an open drawer in the house with the intent to profit thereby. The following day, the appellant separately demanded 50 pesos from the owner to prevent him from being taken bound to the Constabulary quarters.

ISSUE:
Whether the act of taking the 250 pesos under the described circumstances constitutes the crime of robbery or the crime of theft.

RULING:
The Supreme Court ruled that the crime committed was theft, not robbery. The taking of the 250 pesos did not involve violence or intimidation against the persons, as the victims had been tied hours earlier for a reason entirely separate from the intent to take the money. The evidence showed the idea to take the money arose only after the victims were already tied. Since the money was taken from an open drawer without the use of force against the property, the elements of robbery were not present. The crime properly falls under Article 517 of the Penal Code for theft. The penalty of two years of presidio correccional imposed by the lower court was affirmed, as the amount taken was between 250 and 1,250 pesetas and was committed with aggravating circumstances. The subsequent act of demanding 50 pesos constitutes a separate and distinct crime that should be charged in a separate complaint. The judgment of the lower court was affirmed in all respects.