G.R. No. 1981 : April 29, 1905
THE UNITED STATES, plaintiff-appellee, vs. ANSELMO DIRIS, ET AL., defendants-appellants.

FACTS:
Anselmo Diris, Olimpio Abarico, and Faustino Glinofria were convicted of the crime of robbery by the Court of First Instance of Tayabas. They were each sentenced to six years and one day of presidio mayor, with the accessory penalties, ordered to pay P36 as civil damages to the complaining witness, and to pay their proportionate share of the costs.

ISSUE:
Whether the penalty imposed by the trial court on appellants Olimpio Abarico and Faustino Glinofria, who were minors at the time of the offense, is correct in light of the provisions of the Penal Code.

RULING:
The Supreme Court affirmed the conviction and the finding of guilt based on the evidence. However, it modified the penalty as to appellants Olimpio Abarico and Faustino Glinofria. Since it was established that they were over 15 but under 18 years of age at the time the crime was committed, the penalty should be imposed in accordance with Article 85 of the Penal Code, which provides for a lesser penalty for minors within that age range.

The sentence of the trial court was affirmed as to Anselmo Diris. As to Olimpio Abarico and Faustino Glinofria, the sentence imposing six years and one day of presidio mayor was reversed. In its place, each was sentenced to six months of arresto mayor, with the corresponding accessory penalties. All appellants were ordered to pay one-third of the costs of the appeal.