GR 1043; (May, 1903) (Digest)
G.R. No. 1043 : May 15, 1903
THE UNITED STATES, complainant-appellant, vs. JULIAN ATIENZA, defendant-appellee.
FACTS:
The accused, Julian Atienza, was a secret-service agent for the military authorities. He received an order from Lieutenant J. B. Hennesy to seize money believed to be the property of a revolutionary officer from Father Angel Ilagan. Accompanied by three sergeants, Atienza seized money from the dwellings of Father Ilagan and his family. However, before delivering the seized funds to Lieutenant Hennesy, Atienza appropriated a portion of the money for himself. The information charged the amount as 1,381 pesos, but evidence, including a signed statement by Atienza before a provost judge, indicated he appropriated at least 300 pesos. The Court of First Instance acquitted Atienza of the charge of robbery. The complaining witnesses and the provincial fiscal appealed the acquittal.
ISSUE:
Whether or not the acts committed by the accused constitute the crime of robbery.
RULING:
No. The Supreme Court affirmed the judgment of acquittal, holding that the facts proven did not constitute the crime of robbery. The Court ruled that the initial seizure of the money was lawful as it was done in obedience to a lawful order from competent authority. The unlawful act was the subsequent appropriation of a portion of the money after it had come lawfully into the accused’s possession. This subsequent conversion lacked the element of unlawful taking (apoderamiento) essential to the crime of robbery under the Penal Code. The Court clarified that the appropriation might constitute another crime, such as malversation of public funds or estafa, depending on whether the accused was acting as a public officer and whether the money came into his possession by reason of his office. However, this question was not before the Court for decision. The prosecuting attorney remained at liberty to file the appropriate information for such other crimes. The acquittal for robbery was thus affirmed, without prejudice to any subsequent prosecution for other offenses.