GR 999; (Febuary, 1903) (Digest)

G.R. No. 999 : February 10, 1903
THE UNITED STATES, complainant-appellee, vs. CARLOS SANTIAGO, ET AL., defendants-appellants.

FACTS:
On the afternoon of September 29, 1901, the three accused (Carlos Santiago, Jacinto Alfonso, and another) along with four other armed companions, seized ten carabaos in Sacumvaca, Talavera. Two of the carabaos belonged to Teodoro Sandico and were being ridden by two boys, Abdon Somera (9 years old) and Modesto Palasugui (15 years old). The remaining eight carabaos belonged to Casimiro Tinio. The total value of the stolen carabaos was $580. The accused and their companions were armed with bolos and guns. The two boys were taken along with the carabaos; Palasugui escaped after four days, while Somera was later found with the accused. The accused were arrested on October 17, 1901, in Pinambatan, San Miguel de Mayumo. At the time of their arrest, some of the stolen carabaos and the boy Abdon Somera were found in their possession. A separate case was filed for the crime of kidnapping.

ISSUE:
Whether the accused are guilty of the crime of robbery en cuadrilla (robbery committed by a band), as defined and penalized under the Penal Code.

RULING:
Yes, the accused are guilty of robbery en cuadrilla. The Supreme Court affirmed the conviction but modified the penalty. The facts constitute the crime of robbery under Article 502, in relation to Article 503(5) and Article 504 of the Penal Code. The robbery was committed by a band of more than three armed persons (seven in total) through intimidation in an uninhabited place. The presence of armed men was sufficient to create intimidation, even if no explicit force or threats were proven against the two boys, as it cannot be presumed that the boys voluntarily surrendered the carabaos or accompanied the armed group.

The circumstances of the robbery being committed by a gang and in an uninhabited place are inherent elements of the specific offense of robbery en cuadrilla and are not considered as generic aggravating circumstances. No mitigating or aggravating circumstances attended the commission of the crime.

Accordingly, the Court imposed the penalty in the medium period of the maximum grade prescribed by law. Accused Carlos Santiago and Jacinto Alfonso were each sentenced to eight years of presidio mayor, with the corresponding accessory penalties of absolute temporal disqualification and subjection to the vigilance of the authorities. They were also ordered to pay one-third of the costs each. The judgment of the lower court was affirmed in all other respects, with the remaining third of the costs de oficio.