GR 957; (April, 1903) (Digest)
G.R. No. 957 : April 25, 1903
THE UNITED STATES, complainant-appellee, vs. FERNANDO VEGA, ET AL., defendants-appellants.
FACTS:
In March 1898, the four accused (Fernando Vega, his son Benito Vega, and brothers Gregorio and Eduardo Lara), armed with bolos and firearms, went to a granary in Tansa Norte, Capiz, Panay, owned by Ponciano Alba. They threatened Basilio Difon, the caretaker, with death, compelling him to leave the house and deliver the stored palay. Difon complied, and over two days, the accused took 447 cavanes of palay, along with various agricultural implements, animals, and other property, transporting them to Fernando Vega’s house over three days. They claimed the property belonged to them. Two carabaos were later recovered from Fernando Vega by Alba with police assistance. The total value of the taken property was $1,384.85. The accused pleaded not guilty, with Fernando Vega claiming ownership of the carabaos and denying Alba had property in Tansa Norte. The defense presented documents and testimony attempting to establish a familial claim to the lands from which the property was taken.
ISSUE:
Whether the acts committed by the accused constitute the crime of robbery in a gang, as charged in the information, or some other offense.
RULING:
The Supreme Court ruled that the proven facts do not constitute the crime of robbery in a gang. The essential element of animus furandi (specific intent to gain) was absent, as the accused acted under a claim of ownership, intending to “take the law into [their] own hands.” However, their acts of using violence, force, and intimidation against the caretaker to compel the delivery of property constitute the crime of coercion, as defined and punished under Article 497 of the Penal Code. Since the information filed by the prosecution charged only robbery, and not coercion, the accused cannot be convicted under the complaint as filed. Consequently, the judgment of the lower court is reversed and set aside. The case is remanded with instructions that, should a new information for the crime of coercion be filed, a new trial shall be conducted. The ruling is without prejudice to the right of Ponciano Alba to institute a separate civil action for the recovery of the property.