G.R. No. and Date: G.R. No. L-12139; August 3, 1917
Case Title: The United States vs. Salvador Cabe

FACTS:
The defendant-appellant, Salvador Cabe, was charged with the crime of robo con lesiones. After an initial trial, he was found guilty of tentativa de robo en cuadrilla and sentenced. Upon motion, a new trial was granted. In the second trial, the lower court found him guilty of robo en cuadrilla con lesiones and sentenced him accordingly. Cabe appealed, arguing that the evidence did not establish his guilt.

The prosecution evidence established that on the night of August 3, 1915, four persons entered the house of Miguel Caindoy while he, his wife, and child were eating. Two of the assailants attacked and wounded Caindoy, while the other two took a trunk containing clothing and other articles, which was later recovered outside the house. The defense did not deny the occurrence but contested Cabe’s identity as one of the perpetrators.

Caindoy and his wife testified that they recognized Cabe during the robbery due to a light in the house and their prior acquaintance with him. A neighbor, Luis Navales, also testified that he saw Cabe and another person emerging from Caindoy’s house that night, carrying a light, and positively identified Cabe. Caindoy claimed he reported Cabe’s name to the teniente del barrio immediately after the incident, but the teniente denied this.

During the trial, the judge recalled Caindoy as a witness after both sides had closed their evidence. Caindoy then stated that the four robbers were armed with bolos, a detail not mentioned by any witness during their principal testimonies.

ISSUE:
Whether the evidence sufficiently proves Cabe’s guilt and whether the crime committed was robo en cuadrilla con lesiones or robo simple con lesiones.

RULING:
The Supreme Court affirmed Cabe’s conviction but modified the classification of the crime.

1. On Identity and Guilt: The Court held that the evidence proved Cabe’s guilt beyond reasonable doubt. While there was a discrepancy between Caindoy and the teniente del barrio regarding whether Cabe’s name was reported, the positive identification by Caindoy’s wife and the disinterested witness Luis Navales was credible and sufficient to establish Cabe’s participation.

2. On the Nature of the Crime: The Court agreed with the Attorney-General that the evidence did not adequately prove the existence of a cuadrilla (a band of more than three armed persons). The sole testimony that the robbers were armed came from Caindoy only upon recall by the judge, and no witness mentioned weapons during their direct examinations. Thus, the aggravating circumstance of cuadrilla was not proven. The crime was properly robo simple con lesiones (simple robbery with injuries).

4. On Penalty: Considering the aggravating circumstance of morada (dwelling), the penalty under Article 503(5) of the Penal Code was presidio correccional in its maximum degree to presidio mayor in its medium degree. The Court imposed eight years and one day of presidio mayor, with an order for Cabe to indemnify the offended person in the amount of P6 and pay costs.

The lower court’s sentence was revoked, and Cabe was sentenced as above.

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