G.R. No. 1832 : January 28, 1905
THE UNITED STATES, complainant-appellee, vs. MARTIN SOSA, ET AL., defendants-appellants.

FACTS:
On the evening of March 24, 1903, Ines Licub, accompanied by seven others, was traveling on the road of Aguso in Tarlac. The defendants, Martin Sosa and Pedro Perez, stopped the group and asked for money. One of Licub’s companions, Mariano Ramos, gave them 95 cents. The incident occurred around 5:00 PM in front of a camarin (warehouse) about 100 yards from the town houses. The defendants were carrying ordinary bolos in their belts at the time. The defendants, who were acquainted with Licub from childhood, admitted to asking for money to buy cigarettes but claimed it was given voluntarily. The prosecution witnesses, including Licub and Ramos, testified that the defendants used no threats or force, and Ramos stated he gave the money voluntarily.

ISSUE:
Whether the defendants are guilty of the crime of robbery with intimidation of persons under paragraph 5, Article 503 of the Penal Code.

RULING:
No. The Supreme Court reversed the judgment of the Court of First Instance of Tarlac and acquitted the defendants. The Court found that the prosecution failed to prove beyond reasonable doubt the essential element of intimidation or violence required for robbery. The defendants’ act of asking for money from an acquaintance, without any aggressive demonstration, while carrying bolos used for their lawful work of cutting tree bark, did not constitute intimidation. The voluntary nature of the payment, as affirmed by the witness who gave the money, and the lack of any testimony that the act was done out of fear, negated the existence of criminal intent (animus lucrandi). Consequently, no crime was committed. The defendants were ordered released, and property seized from Martin Sosa was ordered returned.