G.R. No. 2160 : July 7, 1905

FACTS:
The defendant, Agaton Gonzales, was employed as a domestic servant in the house of Nicolasa Eugenio. He was charged with and tried for the crime of larceny for stealing the sum of P500 and a ring valued at P250 from his employer, Nicolasa Eugenio. The Court of First Instance of Manila found him guilty as charged and sentenced him to two years of presidio correccional.

ISSUE:
Whether the penalty imposed by the trial court is correct, considering the presence of an aggravating circumstance.

RULING:
The Supreme Court affirmed the conviction but modified the penalty. The Court found that the crime was committed with the aggravating circumstance of abuse of confidence, as the appellant stole from his employer while being a trusted servant in her household. No extenuating circumstances were present to offset this aggravation.

Applying paragraph 2 of Article 520 of the Penal Code, and considering the aggravating circumstance, the Supreme Court increased the penalty. The appellant was sentenced to six years of presidio correccional. He was also ordered to return the stolen property or indemnify Nicolasa Eugenio for its value, with subsidiary imprisonment in case of insolvency not exceeding one year, and to pay the costs of both instances.