G.R. No. L-4814
THE UNITED STATES, plaintiff-appellee, vs. LUPO CORTES, MATEO CAYANAN, and ALFONSA DE LA CRUZ, defendants-appellants.
December 21, 1908

FACTS:
Lupo Cortes, Mateo Cayanan, and Alfonsa de la Cruz were convicted by the trial court for robo con homicidio (robbery with homicide). Cortes and Cayanan were found guilty as principals, and de la Cruz as an accessory after the fact. Lupo Cortes later withdrew his appeal.

On October 8, 1906, in Santa Rita, Pampanga, Lupo Cortes and Mateo Cayanan, along with Estanislao Valencia, ambushed, robbed, and killed two peddlers, Alejandro Marasigan and Donato Cadavida, at a deserted spot on the road. An eyewitness testified to the killing, and the victims’ bodies were found five days later. Alfonsa de la Cruz, with knowledge of the crime, hid some of the stolen merchandise, attempted to sell it, and tried to prevent information from reaching the authorities.

The trial court imposed cadena perpetua (life imprisonment) on Cortes and Cayanan, and eight years and one day of prision mayor on De la Cruz. In doing so, the trial court compensated the aggravating circumstance that the crime was committed in a “deserted place” with the “extenuating circumstance of race” under Article 11 of the Penal Code.

ISSUE:
Did the trial court err in appreciating the “extenuating circumstance of race” to mitigate the penalty for robo con homicidio, specifically in compensating the aggravating circumstance of the crime being committed in a “deserted place”?

RULING:
Yes, the Supreme Court ruled that the trial court erred in considering the “extenuating circumstance of race” to reduce the penalty. The Court reiterated its consistent holding that the circumstance of race should not be taken into consideration to reduce the penalty incurred by persons convicted of the crime of robbery.

Finding no other extenuating circumstances and affirming the aggravating circumstance that the crime was committed in a “deserted place,” the Court held that the penalty should have been imposed in its maximum degree.

Therefore, the Supreme Court reversed the trial court’s sentence for Mateo Cayanan and Alfonsa de la Cruz, and modified their penalties:
Mateo Cayanan: The penalty of cadena perpetua was increased to death.
Alfonsa de la Cruz: The penalty of eight years and one day of prision mayor was increased to ten years and one day of prision mayor.

The conviction itself was affirmed, but with these modified penalties.