GR L 13441; (July, 1918) (Digest)
G.R. No. L-13441; July 15, 1918
THE UNITED STATES, plaintiff-appellee, vs. ANTONIO TURLA, defendant-appellant.
FACTS:
On the night of September 23, 1916, in the barrio of Santo Tomas, Peñaranda, Nueva Ecija, a group of four armed malefactors (with revolvers and bolos) entered the house of Estanislao Cuevas. Some accomplices remained below. The assailants intimidated the occupants, forcing them to lie face down. They then broke open a trunk and stole money, jewels, fourteen cock-spurs, and a bolo belonging to the family, with a total value of P253. The stolen items were not recovered. Two members of the household, Julio Padilla and Antonia Cuevas, identified the accused, Antonio Turla, as one of the robbers. The defense presented an alibi, which the court found unproven.
ISSUE:
Whether the trial court correctly convicted the accused of the crime of robbery in a band under Articles 508 and 509 of the Penal Code, and what is the proper classification and penalty for the crime committed.
RULING:
The Supreme Court reversed the judgment of the Court of First Instance. The crime committed was robbery in a band under Articles 502 and 503, No. 5, in relation to Article 504 of the Penal Code. The elements were present: robbery committed by more than three armed persons, with intimidation upon the persons in an inhabited house, and involving the breaking open of a locked piece of furniture.
The Court held that when robbery is committed with violence against or intimidation of persons, it falls under Article 503, No. 5, of the Penal Code, not Article 508 (which pertains to robbery in an inhabited house by breaking furniture). This aligns with the doctrine established by the Supreme Court of Spain. The aggravating circumstances of dwelling and nocturnity were present, with no mitigating circumstances to offset them.
Accordingly, the accused Antonio Turla is sentenced to ten years of presidio mayor, with the accessory penalties under Article 57; to restore the stolen items or pay their value of P253 (without subsidiary imprisonment in case of insolvency under Article 51); and to pay the costs of both instances.