G.R. No. L-2767

FACTS:
Gorgonio de los Santos was convicted, along with others, for the crime of robbery committed by an armed band on the night of May 4, 1904, at the parish house of Piddig, Ilocos Norte. The robbers stole money and jewelry valued at approximately 3,296 pesos. The trial court found that the robbery was committed with intimidation of the persons and in an inhabited house. Applying Articles 508 and 509 of the Penal Code, the court sentenced the appellant to fourteen years and eight months of cadena temporal. The appellant appealed the judgment.

ISSUE:
Whether the trial court correctly imposed the penalty for the crime of robbery committed by a band with intimidation of persons.

RULING:
No. The Supreme Court affirmed the appellant’s conviction but modified the penalty. The Court held that the crime, having been committed by a band with intimidation of the persons robbed, should be penalized under paragraph 5 of Article 503 in relation to Article 504 of the Penal Code, not under Articles 508 and 509. The value of the stolen property and the fact that the robbery occurred in an inhabited house are immaterial for determining the penalty when the robbery is committed with violence or intimidation against persons. The Court further found that the violence employed (binding, beating, and kidnapping one victim to compel him to reveal the location of his money and possibly for ransom) was not “absolutely necessary” for the execution of the crime to warrant the higher penalty under paragraph 4 of Article 503. Accordingly, the Supreme Court modified the penalty to ten years of presidio mayor. The judgment of the lower court was affirmed in all other respects.