GR L 1345; (December, 1903) (Digest)
G.R. No. L-1345, December 29, 1903
THE UNITED STATES, complainant-appellee, vs. JOSE MONTANO, defendant-appellant.
FACTS:
The defendant, Jose Montano, was charged as an accessory to the crime of robbery committed by a gang (robo en cuadrilla) in Tigbauan in January 1902. The robbers stole eight carabaos. Evidence showed that four of these stolen carabaos were soon found in Montano’s possession in Alimodian. The rightful owners informed Montano that the carabaos were stolen and showed him proof of ownership. Montano initially stated that if he had known they were stolen, he would not have bought them, and he demanded payment of half their price as a condition for returning them. The owners left to get the money but upon returning the next day, Montano claimed he had already returned the carabaos to the persons from whom he had purchased them, thereby depriving the owners of recovery. Montano denied all these allegations and presented evidence of an alibi, but his testimony was weakened by contradictions. The trial court convicted him as an accessory and sentenced him to four months of arresto mayor with accessories, indemnification, and costs.
ISSUE:
Whether the trial court correctly convicted and sentenced Jose Montano as an accessory to the crime of robbery in a gang.
RULING:
The Supreme Court affirmed the conviction but modified the penalty. The evidence sufficiently established Montano as an accessory under Article 15 of the Penal Code. It was proven that he had knowledge of the robbery after being informed by the owners and, with such knowledge, he disposed of or concealed the carabaos, thereby preventing the owners from recovering the proceeds of the crime. However, the trial court erred in imposing the penalty. Since the principal crime of robo en cuadrilla carries the penalty under Article 503(5) in its maximum grade, the corresponding penalty for an accessory, pursuant to Articles 26, 67, and 68 of the Penal Code, is a correctional fine, not arresto mayor. Accordingly, the judgment was reversed. Jose Montano is sentenced to pay a fine of 2,500 pesetas, with subsidiary imprisonment not exceeding one month in case of insolvency.