G.R. No. 2231, April 26, 1905
THE UNITED STATES, complainant-appellee, vs. EVARISTO PAYNAGA, defendant-appellant.

FACTS:
The defendant, Evaristo Paynaga, together with Fernando de la Cruz and Dalmacio Asmao, was charged with the crime of robbery. The complaint alleged that on or about January 27, 1904, in the City of Manila, they willfully, unlawfully, and feloniously, in the nighttime, entered the house of Captain C. F. Garry by breaking through doors and windows, and carried away personal property valued at $1,013.25 U.S. currency. Upon arraignment in the Court of First Instance of Manila, Fernando de la Cruz pleaded guilty and was sentenced. After trial, the court found that Evaristo Paynaga did not take a direct part in the execution of the robbery but had taken an indirect part. Consequently, the trial court sentenced him to two years and four months of presidio correccional, with accessories, and ordered restitution.

ISSUE:
Whether the trial court erred in finding that Evaristo Paynaga was only an indirect participant and in imposing the corresponding penalty.

RULING:
The Supreme Court reversed the finding of the trial court. Upon examination of the evidence, the Court held that Evaristo Paynaga did, in fact, take a direct part in the commission of the robbery as charged in the complaint. Therefore, he should be punished as a principal under paragraph 5 of Article 503 in relation to Article 502 of the Penal Code. The Supreme Court modified the sentence and sentenced Evaristo Paynaga to six years and one day of presidio mayor, with the corresponding accessories, and affirmed the order for restitution jointly with his co-accused.