G.R. No. L-1788

FACTS:
Defendants Juan Tulagan, Esteban Ramos, Emeterio Gonzaga, and Mariano Escobar were charged with robo en cuadrilla (robbery in band). They were convicted by the Court of First Instance of Nueva Ecija. The evidence established that on the night of April 26, 1902, the defendants, together with twenty or more armed persons under Tulagan’s direction, attacked the presidencia of Cuyapo, Nueva Ecija, intending to rob municipal funds. They were repulsed by Constabulary and police forces and failed to enter the building or consummate the robbery. The charge of stealing two carabaos was not proven. During the appeal, Juan Tulagan and Esteban Ramos died.

ISSUE:
Whether the surviving defendants, Emeterio Gonzaga and Mariano Escobar, are criminally liable for their actions, and if so, to what degree and penalty.

RULING:
Yes, but only for an attempt to commit robo en cuadrilla. The Supreme Court dismissed the appeal as to the deceased defendants Tulagan and Ramos. For the surviving appellants, the evidence proved they were members of an armed band (cuadrilla) that attempted to commit robbery. Since the crime was not consummated, they are liable only for an attempt. Applying Article 66 of the Penal Code, the penalty is lowered by two degrees from that prescribed for the consummated crime. Considering the aggravating circumstance of cuadrilla, the Court sentenced Emeterio Gonzaga and Mariano Escobar each to a fine of 6,250 pesetas, with subsidiary imprisonment in case of insolvency, and to pay a portion of the costs.