G.R. Nos. 26304 and 26035. March 5, 1927.
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. LEON URBANO, ET AL., defendants. LEON URBANO, MAMERTO URBANO AND RUFINO URBANO, appellants.

FACTS

Two separate complaints for robbery were filed against appellants Leon, Mamerto, and Rufino Urbano. The first robbery occurred on April 15, 1926, at a store on Washington Street, Manila. The appellants entered the store, pretended to be Manila detectives by displaying metal badges, intimidated the occupants, and took about P16 from a drawer. The second robbery occurred on April 18, 1926, at a house and garden in Santa Ana, Manila. Again pretending to be detectives, they robbed Yao Ton and Chang Pu. Rufino took about P80 from Yao Ton’s money belt, while Leon went upstairs, beat Chang Pu, and took his money belt containing P10. Mamerto acted as a lookout. They were arrested shortly after the second robbery, with a portion of the stolen money and the victim’s keys found in their possession. They were positively identified by the victims.

ISSUE

Whether the penalties imposed by the trial court on the appellants for the two crimes of robbery are correct.

RULING

Yes, the penalties are affirmed with a modification for Rufino Urbano as a recidivist. The Supreme Court held that the facts constituted two separate crimes of robbery. For the robbery in Santa Ana ( G.R. No. 26304 ), the crime fell under Article 508, paragraph 3 of the Penal Code (robbery in an inhabited house with simulation of authority), with a penalty one degree lower than that in paragraph 1: *presidio correccional* in its medium degree to *presidio mayor* in its minimum degree (2 years, 4 months, and 1 day to 8 years). This penalty was imposed in its maximum degree due to the aggravating circumstance of nocturnity. For Rufino Urbano, an additional penalty of half of the principal penalty was imposed under Act No. 3062 (the Habitual Delinquency Law), resulting in a total penalty of 10 years and 6 months of *presidio mayor*.

For the robbery on Washington Street (G.R. No. 26305), the crime fell under Article 503, paragraph 5 of the Penal Code (robbery with violence/intimidation producing certain effects), punishable by *presidio correccional* to *presidio mayor* in its medium degree (6 months and 1 day to 10 years). This penalty was also imposed in its maximum degree due to nocturnity.

The Court affirmed the trial court’s judgment but modified Rufino Urbano’s penalty in G.R. No. 26304 to 10 years and 6 months of *presidio mayor*. It was also clarified that the appellants must serve the penalties for the two cases successively.