G.R. No. L-10054; March 28, 1916
THE UNITED STATES, plaintiff-appellee, vs. ATANASIO CLARAVALL, ANTONIO RAYMUNDO and COSME HERMOSO, defendants-appellants.

FACTS:
On or about March 27, 1913, in Ilagan, Isabela, a robbery was committed at the provincial government’s storeroom (bodega) containing supplies and property of the District Engineer’s office. The complaint alleged that the appellants, together with one Roman Belo (who was later acquitted), willfully took various tools and materials valued at P479.72. Atanasio Claravall, a former property clerk of the Bureau of Public Works who was then a clerk in the same office, used a pick or piece of iron to break open the locked door of the storeroom after another government employee, Marcelo Francisco, reported he could not enter to get supplies for bridge construction. After Francisco took what he needed and left, Claravall, together with Cosme Hermoso (servant of co-accused Antonio Raymundo), used Raymundo’s cart to load and haul additional government property from the storeroom to Raymundo’s premises. A subsequent search of Raymundo’s property led to the recovery of much of the stolen goods. The trial court convicted all three appellants of robbery and sentenced each to 8 years and 1 day of imprisonment.

ISSUE:
Whether the appellants are guilty of the crime of robbery as charged, or of some other crime.

RULING:
The Supreme Court modified the judgment of the trial court. The appellants are guilty of the crime of larceny (theft), not robbery. Robbery requires the taking of property with violence against or intimidation of persons, or force upon things, which elements were not sufficiently established. The act of breaking the door latch was done initially to allow a government employee (Marcelo Francisco) to obtain supplies for official use, not as the means for the appellants’ subsequent unlawful taking. The evidence proved beyond reasonable doubt that the appellants, acting in concert, later took possession of the government property with intent to gain and without consent.

Regarding the penalty:
1. For Atanasio Claravall, the aggravating circumstance of abuse of confidence was present. As a government employee, he owed a duty to protect government property, which he violated. Considering this aggravating circumstance, he was sentenced to two years, eleven months, and eleven days of prision correccional.
2. For Antonio Raymundo and Cosme Hermoso, with no aggravating or mitigating circumstances, each was sentenced to one year, eight months, and twenty-one days of prision correccional.

All appellants were ordered to pay their proportionate share of the costs.

Separate Opinion:
Justice Moreland concurred in the conviction but dissented on the finding of the aggravating circumstance of abuse of confidence against Claravall.