G.R. No. L-1594

FACTS:
Silvino Roxas was charged and convicted of the crime of robbery by the Court of First Instance of Bulacan. The trial court, considering the aggravating circumstance of nocturnity, imposed the maximum penalty under Article 503 of the Penal Code, sentencing him to six years, ten months, and one day of presidio mayor. Roxas appealed the decision. During the proceedings, he claimed to be sixteen (16) years old, a statement which the trial court found uncorroborated and which the prosecution did not attempt to disprove.

ISSUE:
Whether the penalty imposed by the trial court should be modified in light of the defendant’s claim of minority (being under eighteen years of age at the time of the commission of the offense).

RULING:
Yes. The Supreme Court accepted the defendant’s uncontroverted testimony that he was sixteen (16) years old. Applying Article 85 of the Penal Code, which mandates the imposition of the penalty next lower in degree for offenders over fifteen but under eighteen years of age, the Court modified the penalty. The penalty next lower to presidio correccional (the proper penalty for robbery) is arresto mayor. Considering the aggravating circumstance of nocturnity, the maximum period of the lower penalty was applied. Accordingly, Roxas was sentenced to six (6) months of arresto mayor, with the accessory penalties and obligations to return the stolen property or indemnify the owner. The conviction for robbery was affirmed.