G.R. No. 537 : April 9, 1902
THE UNITED STATES, complainant-appellee, vs. HIPOLITO HILARIO, ET AL., defendants-appellants.

FACTS:
Alejandro Bello, Bernabe Santos, Hipolito Hilario, Andres Estrella, and Anacleto Abena were charged with robbery in the Court of First Instance of Manila. Estrella and Abena were acquitted. Bello, Santos, and Hilario were convicted and appealed. During the appeal, Bello and Santos escaped from prison, leading the Supreme Court to suspend proceedings against them and proceed solely with the appeal of Hipolito Hilario. The evidence established that Hilario was part of a six-man band that, on July 11, 1901, forcibly entered the house of Telesforo Obispo in Tondo under the pretense of being policemen. The robbers beat Obispo, tied up his wife and other occupants, and stole a sewing machine, clothing, other articles, and a small sum of money. Hilario was seen carrying a light during the robbery, and two of his accomplices were armed with a gun, a revolver, and a bolo.

ISSUE:
Whether the trial court correctly convicted Hipolito Hilario under the last clause of Article 508 of the Penal Code for the crime of robbery.

RULING:
No. The Supreme Court modified the conviction. The trial court erred in applying Article 508. The proper classification for the robbery committed by Hilario is under Article 503, No. 5 of the Penal Code, as the crime involved personal violence against the victims. Furthermore, the Court found the presence of two aggravating circumstances under Article 10: No. 8 (disregard of the respect due to the offended party on account of his rank, age, or sexreferring to the violence against the occupants) and No. 15 (the crime was committed by a bandmore than three armed malefactors). Consequently, Hipolito Hilario is sentenced to ten years of presidio mayor, with an order for restitution of the stolen property, and to pay the costs. The case was remanded to the lower court for execution of the judgment.