G.R. No. L-4267

FACTS: Gaudencio Cabuncal was convicted of robo en cuadrilla (robbery in an armed band). The evidence showed that Cabuncal and two others, armed with bolos, entered the house where the robbery occurred, while three or four other people remained downstairs. It was not established that those downstairs were armed. The lower court did not consider aggravating circumstances and failed to order the return of stolen property or its value.

ISSUE: Was the crime committed en cuadrilla (by an armed band)? Did the trial court err in its sentence by not considering aggravating circumstances and failing to order restitution?

RULING: No, the evidence was insufficient to prove that the robbery was committed by an armed band because it was not proven that more than 3 persons were armed at the time. Yes, the trial court erred. The Supreme Court reversed the lower court’s judgment, finding Cabuncal guilty of simple robbery committed with the aggravating circumstances of taking advantage of the darkness of night and committing the crime in the offended party’s house. Cabuncal was sentenced to ten years presidio mayor, ordered to return the stolen goods or pay their value of P446.50, and to pay costs.