G.R. No. L-4782, December 19, 1908

FACTS: Emiliano Aronce entered the dwelling of Leoncia Olivares and stole a gold watch and gilt necklace from a wardrobe. He was later identified and the stolen items were recovered from a pawnshop. Aronce was charged with robbery in an inhabited house.

ISSUE: Was the crime committed robbery or only theft?

RULING: The crime was theft, not robbery. Aronce entered the house without force or breaking. The wardrobe was opened easily, indicating it was not securely locked. Since no force or violence was employed, the elements of robbery were absent. Aronce was sentenced to four years, two months, and one day of presidio correccional due to the aggravating circumstances of committing the crime in the dwelling and his prior convictions for theft-related crimes.