GR L 2567; (January, 1906) (Digest)
FACTS:
The defendant, German de Torres, was charged with the crime of robbery (robo) committed in Binangonan, Rizal. After trial in the Court of First Instance, he was convicted of the qualified crime of robo en cuadrilla (robbery by a band) and sentenced to six years and one day of presidio mayor. The evidence established that de Torres, together with thirteen or more armed persons, entered the house of Pablo Siñedo at night, and by force and violence, carried away various items valued at twenty pesos.
ISSUE:
Whether the trial court erred in convicting the defendant of robo en cuadrilla under a complaint that charged only simple robbery.
RULING:
Yes, the trial court erred. A defendant cannot be convicted of a higher offense than that charged in the complaint. While the evidence proved the existence of a cuadrilla (a band of more than three armed persons), this circumstance should only be treated as an aggravating circumstance under a complaint for simple robbery, not as a qualifying element to raise the crime to robo en cuadrilla. The Supreme Court found the defendant guilty of simple robbery, aggravated by the circumstances of nighttime, dwelling, and cuadrilla. Applying the penalties under the relevant law, the sentence was modified. German de Torres is sentenced to ten years of presidio mayor, with the accessories of the law, and ordered to return the stolen property or indemnify Pablo Siñedo in the sum of twenty pesos, and to pay the costs.