G.R. No. L-10587, December 6, 1915
THE UNITED STATES, plaintiff-appellee, vs. ALFONSO BUISER, CALIXTO BUISER, and CRISTETO PANDIALAN, defendants-appellants.

FACTS:
The defendants were charged in the Court of First Instance of Laguna with the crime of robbery. The complaint alleged that on or about March 30, 1914, in San Pablo, Laguna, the accused, armed with revolvers and through force and intimidation, took money and personal property belonging to Pedro Ramos. Upon arraignment, the defendants pleaded not guilty. After trial, the court found that the evidence did not establish robbery but instead proved the offenses of illegal discharge of firearms and slight physical injuries. Consequently, the court convicted the defendants of the crime of discharge of firearms and sentenced each to prision correccional of one year, eight months, and twenty-one days. The defendants moved for reconsideration, arguing that they were charged only with robbery and had no opportunity to defend against the offenses for which they were convicted. The motion was denied, prompting this appeal.

ISSUE:
Whether the trial court erred in convicting the defendants of illegal discharge of firearms, an offense not charged in the complaint nor necessarily included in the crime of robbery.

RULING:
Yes. The Supreme Court set aside the conviction. Under Section 29 of General Orders No. 58 (the then governing procedural law), a defendant may be found guilty of any offense necessarily included in the charge. The complaint specifically alleged robbery committed with force and intimidation while armed with revolvers, but it did not allege that the revolvers were discharged. The offense of illegal discharge of firearms is not necessarily included in the crime of robbery, as robbery may be committed through other acts of violence or intimidation without discharging a firearm. Since the defendants were neither charged with nor arraigned for illegal discharge of firearms, their conviction for that offense violated their right to be informed of the nature of the accusation against them. The proceedings for robbery were dismissed, and the appealed judgment was reversed. Costs were de oficio.