GR L 6254 1911 (Digest)
G.R. No. L-6254, February 7, 1911
THE UNITED STATES vs. MATEO NAVARRO, PEDRO C. LOPEZ and TEOFILO OSORIO
FACTS
On the evening of February 15, 1910, Pedro C. Lopez, Mateo Navarro, Teofilo Osorio, and Carlucio Alban entered the store of Dy-Yong in Dalaguete, Cebu. Lopez falsely presented himself as an internal-revenue agent, showed a badge, and with Navarro, searched the store. They pretended to find opium in a box, which Dy-Yong denied owning. Threatening arrest for violating the Opium Law, Navarro and Alban drew revolvers when Dy-Yong resisted. Lopez then proposed Dy-Yong pay P400 to avoid arrest. Dy-Yong paid P60 initially but was still forced to accompany them. Nearby, at Santiago Caren’s house, Lopez demanded an additional P340, eventually settling for P200. In total, Lopez extorted P260 from Dy-Yong. Lopez, Navarro, and Osorio were charged with robbery; Alban turned state witness, Osorio was acquitted, and Lopez and Navarro were convicted.
ISSUE
Whether the conviction of Pedro C. Lopez for the crime of robbery is proper based on the evidence presented.
RULING
Yes, the conviction is proper. The Supreme Court affirmed the judgment of the Court of First Instance of Cebu, finding the robbery conclusively proven. Lopez, along with Navarro, by means of intimidation and false pretense of authority, extorted money from Dy-Yong. The sentence of three years, eight months, and one day of presidio correccional, with accessory penalties, indemnification of P260 to Dy-Yong, and payment of costs, was upheld. Navarro’s appeal was withdrawn, and he served his sentence. The Court held the judgment aligned with law and evidence.
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