G.R. No. 1996 : March 6, 1905
THE UNITED STATES, complainant-appellee, vs. ESPIRIDION ROQUE, ET AL., defendants-appellants.

FACTS:
The defendants were charged with the crime of theft for unlawfully taking, on or about June 30, 1903, 171 cases of whisky and 16 cases of sardines valued at $1,643 (US currency) from a warehouse in Manila belonging to the Pacific Oriental Trading Company. The evidence established that the defendants entered Warehouse No. 6 by making an opening in its roof, scaling the wall, and removing the cases. The goods were then transported by banca to the Quinta Market, where they were received by one of the defendants. The trial court convicted the four apprehended defendants (Espiridion Roque, Nicolas Velasquez, Leon Lariosa, and Tin Juan) and sentenced each to five years’ imprisonment. Two other accused remained at large. The convicted defendants appealed.

ISSUE:
Whether the defendants are guilty of the crime of robbery, not theft, and what are the proper penalties and liabilities for each participant.

RULING:
The Supreme Court modified the judgment of the trial court. It held that the facts constituted the crime of robbery, not theft, as defined under Article 512 of the Penal Code, because the taking was effected by means of force upon the thing (breaking the roof and scaling the building) in an uninhabited place. The value of the stolen goods exceeded 1,250 pesetas.

1. Espiridion Roque and Nicolas Velasquez were found guilty as principals to the crime of robbery. The aggravating circumstance of nocturnity (taking advantage of the darkness and silence of the night) was present, with no mitigating circumstance to offset it. They were each sentenced to five years of presidio correccional in its maximum degree.

2. Tin Juan (the Chinaman) was found guilty only as an accessory after the fact, having knowingly profited from the crime and assisted in disposing of the stolen goods. He was sentenced to four months of arresto mayor.

3. Leon Lariosa was acquitted for insufficiency of evidence to prove his participation beyond reasonable doubt.

All convicted defendants were ordered to jointly and severally restore the stolen goods or their value ($1,643). In case of insolvency, Roque and Velasquez would suffer subsidiary imprisonment not exceeding one year, and Tin Juan would suffer subsidiary imprisonment not exceeding one-third of his principal penalty. Costs were proportionately imposed.