G.R. No. L-8922-24; February 28, 1957
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FLORENTINO ENGUERO, JOSE TARIMAN, NAZARIO NARVARTE and DIONISIO BUENO, defendant-appellants.

FACTS

The appellants, Florentino Enguero, Jose Tariman, Nazario Narvarte, and Dionisio Bueno, were charged with robbery in band in three separate informations. They were jointly tried and convicted by the Court of First Instance of Camarines Sur. The charges stemmed from events on the evening of July 9, 1952. The appellants, armed with a pistol, bolo, balisong, and a piece of hardwood, forced several individuals to guide and accompany them. They first robbed the store and house of Cresenciano Magistrado, taking cash and goods valued at P39.13, and also took personal items from Juan Margarte valued at P87.80. They then proceeded to the house of Victorino Togno, where they took cash and articles valued at P45 from Anatolia Bragais. Finally, they went to the house of Florentina Ogarte, where they took goods and cash valued at P36.75. After the robberies, they gathered the stolen goods, forced individuals to carry them, and warned the victims not to report to authorities. The appellants were later apprehended, and they executed sworn confessions admitting their participation. Following these confessions, several stolen articles and the weapons used were recovered from their possession. Jose Tariman withdrew his appeal. The Court of Appeals certified the appeal to the Supreme Court as only a question of law was raised.

ISSUE

Whether the appellants committed three separate crimes of robbery in band or only a single complex crime.

RULING

The Supreme Court ruled that the appellants committed three separate crimes of robbery in band, not a single complex crime. The Court distinguished the case from People vs. de Leon, cited by the appellants’ counsel, noting that here, after completing the first robbery, the appellants proceeded to another house to commit a second, and then to another for a third. These were distinct acts with different victims and locations. The crime committed is robbery in band under Article 294(5) of the Revised Penal Code, as amended, in relation to Article 295, as amended. The penalty prescribed is prision correccional in its maximum period to prision mayor in its medium period. As the robbery was committed by a band, the penalty is imposed in the maximum period, which is prision mayor in its medium period (3 years and 1 day to 10 years). Applying the Indeterminate Sentence Law, the penalty for each appellant for each of the three crimes is modified to an indeterminate sentence of 4 months and 1 day of arresto mayor as minimum, to 8 years and 1 day of prision mayor as maximum, plus the accessories of the law. The rest of the trial court’s judgment, including the indemnities and orders for the return of properties, is affirmed.