G.R. No. 1588 : April 12, 1905
THE UNITED STATES, plaintiff-appellee, vs. ANTONIO SAN PEDRO, defendant-appellant.

FACTS:
Antonio San Pedro was convicted of the crime of robbery by the Court of First Instance of Bulacan and sentenced to five years of presidio correccional and payment of trial costs. On appeal, his counsel argued that the information (criminal charge) was fatally defective for failing to allege two essential elements of robbery under Article 502 of the Penal Code: (1) that the property taken was not owned by the accused, and (2) that the taking was done con animo de lucro (with intent to gain).

ISSUE:
Whether the information filed against the accused was fatally defective for omitting explicit allegations that the stolen property did not belong to him and that the taking was done with intent to gain.

RULING:
The Supreme Court affirmed the conviction. It held that while the information did not expressly state that the property belonged to another or that the taking was done con animo de lucro, these elements could be reasonably inferred from the allegations made. The information alleged that the accused took a pistol from the complaining witness “with force and violence.” The Court applied the presumptions that (1) property in a person’s possession is owned by that person unless proven otherwise, and (2) intent to gain (animo de lucro) is presumed when all other elements of robbery are established. Although it would have been preferable to include all essential elements explicitly, the information was not fatally defective. The evidence presented at trial sufficiently proved the accused’s guilt beyond reasonable doubt. The sentence was affirmed with costs against the appellant.