GR 948; (March, 1903) (Digest)
G.R. No. 948, March 9, 1903
THE UNITED STATES, complainant-appellee, vs. MACARIO CALLOTES, defendant-appellant.
FACTS:
On the evening of September 11, 1901, six armed men entered the convent in Bagoc, Bataan, intimidated the family of Calixto Tiangco who resided there, and carried away money, a revolver, provisions, and other articles belonging to Tiangco, as well as a hat belonging to Ildefonso Batol. The defendant, Macario Callotes, admitted being present with the bandits during the robbery but claimed he had been sequestered or forced to accompany them against his will. Upon his arrest, Batol’s hat was found in his possession, which he explained he took from a bandit when he left the group. He also admitted having a revolver given to him by the band’s leader, Isidro Mendigoren, which he later turned over to another individual. There was no evidence presented regarding how the bandits gained entry into the convent.
ISSUE:
Whether the defendant is guilty of the crime of robbery as charged, and if so, under what specific provision of the Penal Code.
RULING:
The Supreme Court found the defendant’s claim of sequestration unsupported by credible evidence and not entitled to consideration. The fact that the band’s leader entrusted him with a revolver strongly contradicted his claim of being an involuntary participant. The Court held that the defendant’s guilt was established beyond doubt. However, due to the lack of evidence on how entry into the convent was effected, his conviction under Article 508 of the Penal Code (which pertains to robbery in an inhabited house by entering through an opening not intended for entrance) could not be sustained. Instead, he was convicted under Article 503(5) in relation to Article 504 (robbery by a band) of the Penal Code, with the aggravating circumstance of the crime being committed by a band (Article 10[20]). The penalty was set at ten years of presidio mayor. The judgment of the lower court was affirmed with modification as to the legal qualification of the offense, and the case was remanded for execution of the sentence.