G.R. No. 275 : July 22, 1902
THE UNITED STATES, complainant-appellee, vs. BALBINO ROSALES, ET AL., defendants-appellants.

FACTS:
On the night of November 7, 1891, a bull belonging to Brigido Bonafe was taken from its corral. Part of the corral fence was damaged by pulling up some stakes to create an opening. The accused, Balbino Rosales, Leocadio de Guzman, Ruperto Alse, and Julian Dimaculangan (who later died), were prosecuted for the crime of robbery. The Court of First Instance of Batangas convicted Rosales and Guzman as principals and Alse and Dimaculangan as accessories, sentencing them to penalties including imprisonment and fines. The case was elevated for consultation (review).

ISSUE:
Whether the crime committed should be classified as robbery or theft.

RULING:
The Supreme Court ruled that the crime committed was theft, not robbery. The court found that the corral was not a secure structure attached to an inhabited house; the opening was made simply by pulling up stakes with bare hands, without the need for force upon things that characterizes robbery. The offense therefore falls under Article 518 of the Penal Code. The guilt of Balbino Rosales and Leocadio de Guzman as principals and Ruperto Alse as an accessory was sustained by the evidence. The court considered the aggravating circumstance of nocturnity with no mitigating circumstances. The judgment of the lower court was modified accordingly: Rosales and Guzman were sentenced to six months and one day of correctional imprisonment with accessories; Alse was fined 1,250 pesetas with subsidiary imprisonment; and all three were ordered to make restitution. The case against the deceased Julian Dimaculangan was dismissed.