G.R. No. 1459, February 2, 1905
THE UNITED STATES, complainant-appellee, vs. JOHN MACK, defendant-appellant.

FACTS:
The defendant, John Mack, was charged with the crime of robbery. The evidence established that on November 2, 1902, Mack, together with other persons (two of whom were armed with revolvers), entered the railroad station in Angeles, Pampanga. Through threats and intimidation, they appropriated and carried away the sum of 165.47 pesos belonging to the agent of the Manila and Dagupan Railroad. At the time of Mack’s arrest, 21 pesos were recovered and held by the clerk of court. The Court of First Instance of Pampanga convicted Mack and sentenced him to eight years and eleven months of presidio mayor, with the accessories under Article 57 of the Penal Code, and ordered him to return 143.56 pesos (the balance after deducting the 21 pesos recovered) to the railroad agent, with subsidiary imprisonment in case of insolvency.

ISSUE:
Whether the evidence adduced during the trial justified the conviction and the penalty imposed by the trial court.

RULING:
Yes. The Supreme Court affirmed the judgment of the trial court. The facts constituted the crime of robbery under the Penal Code, defined as taking personal property of another with intent to profit, employing violence or intimidation against persons or force against things. The penalty prescribed for robbery where no death, violation, or mutilation occurs, and no more force than necessary is used, is presidio correccional to presidio mayor in its medium degree. The aggravating circumstance of nocturnity attended the commission of the crime, with no extenuating circumstances present. Applying Article 81(3) of the Penal Code, the maximum penalty under Article 503(5) was properly imposed. The evidence fully supported the conviction.