G.R. No. L‑4018
November 18, 1907

FACTS
– Defendant Demetrio Saludo, a servant, stole ₱526 by forcibly breaking open a trunk with a bolo he seized in the house where he lived.
– After the robbery was discovered, Saludo fled the house and the town, returning only after learning that his recommending relative had been arrested.
– The trial court found the evidence sufficient for conviction and, applying Article 508, Paragraph 1 of the Penal Code (robbery of an inhabited house with arms), sentenced him to twelve years and one day of cadena temporal, restitution, and costs.

ISSUE
Whether the robbery should be qualified under Article 508, Paragraph 1 (armed robbery of an inhabited house) or under the appropriate sub‑paragraph for “robbery without arms” when the value exceeds 1,250 pesetas, and consequently what penalty is proper.

RULING
– The Court held there was a mis‑qualification of the crime. Although a weapon (bolo) was used, the offender did not “rob an inhabited house…by breaking open a locked coffer” as defined in Sub‑paragraph 4 of Paragraph 1.
– The correct provision is Sub‑paragraph 2 of Article 508, which applies to robberies without arms where the amount exceeds 1,250 pesetas, prescribing the penalty next lower than that under Paragraph 1.
– Accordingly, Saludo’s sentence was reduced to six years and one day of presidio mayor with accessory penalties; the remainder of the judgment and costs were affirmed de officio.

Concurrence: Justices Torres, Mapa, Johnson, Carson, Willard, and Tracey.