G.R. No. 1464 : February 11, 1904
THE UNITED STATES, complainant-appellee, vs. MAXIMO OANGOANG, ET AL., defendants-appellants.

FACTS:
The defendants, Maximo Oangoang and Julian Jimenez, were charged with robbery. The evidence established that they stole 80 Mexican pesos from Tita Porfirio and Dionisia Barut. The defendants committed the crime by employing violence, beating and kicking the victims until Porfirio revealed the location of the money, which they then took.

ISSUE:
What is the proper penalty to be imposed upon the defendants, considering the presence of aggravating and mitigating circumstances?

RULING:
The Supreme Court affirmed the judgment of conviction. The crime was classified under paragraph 5 of Article 503 of the Penal Code, as it was not committed under the circumstances specified in the first four paragraphs of that article.

In imposing the penalty, the Court considered the aggravating circumstance of nocturnity against both defendants. For defendant Julian Jimenez, this aggravating circumstance was offset by the mitigating circumstance of drunkenness, as it was proven that he was intoxicated at the time of the crime and such intoxication was not habitual. Consequently, the penalty was imposed upon Jimenez in its medium degree.

For defendant Maximo Oangoang, there were no mitigating circumstances to offset the aggravating circumstance of nocturnity. Therefore, the penalty was imposed upon him in its maximum degree.

The Court denied Oangoang’s motion for release on bail. The final penalties were affirmed as ten years of presidio mayor for Maximo Oangoang and six years of presidio mayor for Julian Jimenez, with both defendants to share the costs of the instance equally.