GR 47899; (September, 1942) (Digest)
G.R. No. 47899; September 30, 1942
ALFONSO MANAHAN, petitioner, vs. THE PEOPLE OF THE PHILIPPINES, respondent.
FACTS
As found by the Court of Appeals, on the night of January 28, 1937, the petitioner, armed with a revolver and accompanied by five others, through threat and intimidation against Catalino Padayao (a servant of Meliton Carlos), took about fifteen sacks of palay from Meliton Carlos’s camarin through an opening made in its floor. On the following night, the petitioner and his companions, again using the same means of threat and intimidation against Catalino Padayao and another servant, Felicidad Cabungal, took six more sacks of palay through the same opening.
ISSUE
Whether the lighter penalty under Article 303 of the Revised Penal Code (for robbery of cereals committed with force upon things) should be applied instead of the penalty under Article 294, No. 5 (for robbery with violence against or intimidation of persons), given that the property stolen consisted of palay (cereals) and force was used upon the camarin (by making an opening in the floor).
RULING
No. The Supreme Court affirmed the conviction under Article 294, No. 5 of the Revised Penal Code. The Court held that Article 303, which provides a lighter penalty for robbery of cereals committed with force upon things, does not apply because the robbery charged and proven was committed with violence against or intimidation of persons. Although the act of making an opening in the floor involved force upon things, the controlling qualification is the element of violence or intimidation against persons. Citing U.S. vs. Baluyot, the Court ruled that when robbery with force upon things is accompanied by violence or intimidation against persons, the latter element controls as it creates a greater disturbance to social order and individual security. The penalty under Article 294, No. 5 is prision correccional to prision mayor in its medium period. The Court modified the indeterminate sentence imposed by the Court of Appeals only by setting its minimum at 6 months of arresto mayor, and affirmed the judgment in all other respects.