GR 40512; (March, 1934) (Digest)
G.R. No. 40512 ; March 3, 1934
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. PERFECTO TAYAG and ATANASIO MORALES, defendants-appellants.
FACTS
On the night of September 12, 1933, appellants Perfecto Tayag and Atanasio Morales attempted to enter a store and dwelling using a bolo and a screw driver to force a door. They were arrested by policemen who witnessed the act. The store contained cash and merchandise. The trial court convicted them of attempted robbery in an inhabited house, imposing penalties enhanced by habitual delinquency.
ISSUE
Whether the appellants’ acts constitute the crime of attempted robbery in an inhabited house or a different offense.
RULING
The Supreme Court modified the conviction. The evidence did not conclusively prove intent to commit robbery, as required in criminal proceedings. The appellants’ act constituted attempted trespass to a dwelling committed by means of violence under Article 280, paragraph 2 of the Revised Penal Code, not attempted robbery. The Court considered the aggravating circumstances of nocturnity and previous convictions (but not habitual delinquency, as the records did not sufficiently establish it). The penalty was reduced to three months and one day of arresto mayor for each appellant.
AI Generated by Armztrong.