G.R. Nos. 26304 and 26035, March 5, 1927
People of the Philippine Islands vs. Leon Urbano, et al.

FACTS

Two separate complaints for robbery were filed against appellants Leon, Mamerto, and Rufino Urbano. The first robbery occurred on April 15, 1926, at a store on Washington Street, Manila. The appellants entered the store, pretended to be Manila detectives by displaying metal badges, and through intimidation took about P16 from the store’s drawer. The second robbery occurred on April 18, 1926, at a house and garden in Santa Ana, Manila. Again pretending to be detectives, they robbed Yao Ton and Chang Pu. Rufino took about P80 from Yao Ton’s money belt, while Leon went upstairs, beat Chang Pu, and took his money belt containing P10. Mamerto acted as a lookout. The appellants were arrested shortly after the second robbery, with a portion of the stolen money and the victim’s keys found in their possession. They were positively identified by the victims.

ISSUE

Whether the trial court correctly convicted the appellants of two counts of robbery and imposed the appropriate penalties, including an additional penalty for habitual delinquency for Rufino Urbano.

RULING

Yes, the Supreme Court affirmed the convictions with a modification to Rufino Urbano’s penalty. The facts established two separate crimes of robbery. For the first robbery (G.R. No. 26305), the act constituted robbery with violence/intimidation under Article 503(5) of the Penal Code. For the second robbery (G.R. No. 26304), the act constituted robbery committed by entering a dwelling with simulation of authority under Article 508(3). The penalties imposed by the trial court were within legal limits, considering the aggravating circumstance of nocturnity. However, the Court modified the penalty for Rufino Urbano in G.R. No. 26304 to ten years and six months of *presidio mayor* (from the original ten years) to account for the additional half penalty imposed under Act No. 3062 for his status as a habitual delinquent. The Court also clarified that the appellants must serve the penalties for the two cases successively.