G.R. No. 3441
Facts On 7 February 1906 the accused, Eulogio de Mesa (alias Alejandro Timbang), approached Timoteo Gatón, who was holding ₱35 (equivalent to 175 pesetas) belonging to Florentino Eliciaño, and, claiming to be a law‑officer and brandishing a revolver, forcibly seized the money. The robbery was reported, the accused was identified by the victim, arrested, tried before the Court of First Instance, and sentenced to four years’ presidio correccional. The accused appealed the judgment.

Issue 1) Whether the evidence proved the accused’s guilt for robbery with intimidation under Articles 502 and 503 of the Penal Code. 2) Whether aggravating circumstances (use of craft, fraud, and simulation of a law‑officer) justify a higher penalty, and whether prior convictions may be considered to further increase the penalty.

Ruling The Supreme Court affirmed the conviction, holding that the prosecution showed beyond reasonable doubt that the accused, by means of intimidation and false pretence of authority, forcibly took the victim’s money, thus constituting robbery with intimidation. The aggravating circumstance of “craft, fraud, and simulation of a law‑officer” under paragraph 8 of Article 10 was correctly applied; consequently, extenuating circumstances under Article 11 were inapplicable. The Court declined to consider prior convictions under paragraph 17 of Article 10 because the certified records of such convictions were not presented at trial, a procedural requirement for their use. Accordingly, the Court reversed the lower court’s sentence and imposed ten (10) years’ presidio mayor with the accessory penalties of Article 57, ordered restitution of the ₱35 to the victim, and awarded the costs of both instances.