G.R. No. 950 : January 23, 1903
THE UNITED STATES, complainant-appellee, vs. EMIGDIO MENDIGOREN, defendant-appellant.

FACTS:
On an evening in September 1901, in Binalupijan, Bataan, the defendant, Emigdio Mendigoren, was one of four men who went to the house of Severino del Castillo. The group terrorized the occupants and carried away a suit of clothes and ten pesos in money. At the trial, the defendant claimed the defense of fuerza or compulsion, alleging he was captured by the others and forced to accompany them. The evidence showed that two or three of the robbers were armed, but it indicated that the defendant was not armed.

ISSUE:
Whether the defendant is guilty of the crime of robo (robbery) committed by a cuadrilla (band) under Article 505 of the Penal Code, or of simple robbery under Article 503.

RULING:
The Supreme Court found the defense of compulsion to be without merit, as the record contained no convincing evidence to support it. However, the Court held that the trial court erred in convicting the defendant under Article 505 for robbery by a cuadrilla. For a group to constitute a cuadrilla, at least four of its members must be armed. Here, the evidence indicated the defendant was unarmed, so the group did not meet the legal definition. Consequently, the defendant was guilty of the simple crime of robo under Article 503, No. 5, of the Penal Code. The commission of the crime at night and in an inhabited house were considered aggravating circumstances. The penalty was modified to eight years of presidio mayor. The judgment of the lower court was modified accordingly and affirmed in all other respects, with the case remanded for execution of the judgment.