GR 1932; (April, 1905) (Digest)
G.R. No. 1932 : April 27, 1905
THE UNITED STATES, complainant-appellee, vs. MARIANO PANGANIBAN, ET AL., defendants-appellants.
FACTS:
The defendants, Mariano Panganiban, Francisco Santos, and Pedro Pineda, were charged with robbery. The evidence established that a robbery was committed in an inhabited house. The perpetrators were six armed individuals who carried out the crime by scaling the house using a ladder taken from a stable. The value of the stolen property amounted to 2,253.80 pesos. The trial court convicted all three defendants. Francisco Santos and Pedro Pineda were found guilty as principals by direct participation. Mariano Panganiban was convicted as an accomplice, primarily based on his presence in the stable from where the ladder was taken.
ISSUE:
1. Whether the guilt of the defendants Francisco Santos and Pedro Pineda was proven.
2. Whether the evidence was sufficient to establish the criminal liability of defendant Mariano Panganiban.
3. What is the proper penalty for the crime committed.
RULING:
The Supreme Court affirmed the guilt of Francisco Santos and Pedro Pineda but acquitted Mariano Panganiban.
1. The robbery was fully proven. The participation of Francisco Santos and Pedro Pineda as principals by direct participation was correctly appreciated by the lower court.
2. The Court acquitted Mariano Panganiban. The evidence was insufficient to establish his liability even as an accomplice. His mere presence in the stable, from where the robbers took a ladder, without proof of any act of complicity or concealment, did not constitute criminal participation. His claim that he was asleep at the time remained unrebutted.
3. The crime was robbery in an inhabited house, committed by a gang and with arms, falling under Article 508 of the Penal Code. As the value of the stolen property exceeded 1,250 pesetas, the penalty under paragraph 1 of said article was presidio mayor in its medium degree to cadena temporal in its minimum degree. Since the crime was committed by an armed gang (en cuadrilla), Article 509 required the penalty to be imposed in the maximum degree.
DISPOSITIVE PORTION:
The judgment was modified. Defendants Francisco Santos and Pedro Pineda were sentenced to thirteen years of cadena temporal with the accessories of Article 56, and to jointly reimburse the victims the sum of 2,253.80 pesos. Mariano Panganiban was acquitted and ordered released.