G.R. No. 1783: September 6, 1905
THE UNITED STATES, plaintiff-appellee, vs. SILVINO ARCEO, defendant-appellant.
FACTS: In the early morning of October 18, 1903, Silvino Arceo, together with at least four other armed companions (some with bolos and one with a gun), forcibly entered the house of Saturnina Manago in Santa Ana, Pampanga. They announced themselves as members of the Philippine Constabulary. Through force and intimidation, they took Thirty Pesos (P30) from a trunk or satchel inside the house. The robbers also took two other occupants of the house, Martin Pineda and Luis Pineda, to a nearby field. Arceo was identified as one of the two men who actually entered the house. He was tried alone, found guilty of robbery under Article 503(5) of the Penal Code, and sentenced to six years, ten months, and one day of presidio mayor.
ISSUE
Whether the penalty imposed by the trial court is correct in light of the proven facts and the applicable provisions of the Penal Code.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The proven facts constitute the crime of robbery by a gang, aggravated by nocturnity and by being committed in the dwelling of the victim. With two aggravating circumstances and no mitigating circumstances, the maximum penalty must be imposed. Under Article 503(5) of the Penal Code, the penalty for robbery by a gang is the maximum period of presidio correccional to presidio mayor in its medium degree, which ranges from eight years, eight months, and one day to ten years. Accordingly, the Court sentenced Silvino Arceo to nine years of presidio mayor, with the corresponding accessories, and ordered the return of the stolen property or its value.