GR 8608; (September, 1913) (Digest)
G.R. No. 8608; September 26, 1913
THE UNITED STATES, plaintiff-appellee, vs. PAULINO CABALLERO, defendant-appellant.
FACTS
Paulino Caballero, the municipal president of Badian, Cebu, was charged with robbery. The complaint alleged that in May 1912, he seized a cow valued at P35 from Macario Pellire by force and intimidation, with intent to gain. The incident stemmed from a dispute over ownership of the cow. Pellire claimed the cow was his, while Caballero asserted it was an offspring of his own cow, with Pellire being a tenant and herdsman entitled only to a share. Pellire had gone to the municipal hall to brand the cow and obtain a certificate of ownership. Caballero, learning Pellire might sell a half-interest to another, offered to buy it for P4.50, which Pellire refused. Caballero then allegedly took the cow’s rope from Pellire in front of his house, threatening to send policemen. Caballero later presented a certificate of transfer dated June 4, 1912, showing Pellire had transferred his rights to the cow to Caballero for P27, authorized by the municipal treasurer. The defense argued the accusation was politically motivated due to election rivalries.
ISSUE
Whether the acts committed by the accused constitute the crime of robbery as defined under the Penal Code.
RULING
No. The Supreme Court reversed the judgment of conviction. The facts, even if true, do not constitute robbery. The case involves a civil dispute over ownership and co-ownership of the cow, not a criminal taking of property belonging wholly to another. The cow was an offspring of Caballero’s cow, and Pellire, as a tenant and herdsman, had at most a share. Caballero’s actions, if any, were those of a co-owner attempting to exercise a right of legal redemption, a civil matter. The certificate of transfer, issued by the municipal treasurer, created a presumption of ownership in Caballero’s favor. The proper recourse is a civil action to determine ownership, not a criminal prosecution for robbery. The parties are reserved the right to pursue such civil action.
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