G.R. No. 4558

FACTS: Marcelo Loria was convicted of robbery and sentenced to ten years and one day of presidio mayor by the trial court. The trial court considered the aggravating circumstance of nocturnity but compensated it with the extenuating circumstance of race.

ISSUE: Whether the trial court erred in considering the aggravating circumstance of nocturnity and the extenuating circumstance of race, and whether the sentence imposed was correct.

RULING: Yes, the trial court erred. The evidence did not conclusively establish that the offense was committed at night, and the extenuating circumstance of race should not be considered in robbery cases. The sentence imposed was also in excess of that prescribed by law. The Supreme Court reversed the trial court’s judgment and sentenced Loria to six years of presidio correccional, restitution of the stolen property or payment of its value (P400.50), subsidiary imprisonment in case of insolvency, and the costs of the first instance, with costs in this instance de oficio.