G.R. No. L-6516 / January 10, 1912
THE UNITED STATES, plaintiff-appellee, vs. DIONISIO BARROGA, ET AL., defendants-appellants.

FACTS

On the evening of March 27, 1910, four men assaulted the house of spouses Basilio Longino and Leona Fontano in Vigan, Ilocos Sur, while the owners were absent. The only occupants were their 13-year-old daughter, Ruperta Longino, and her grandmother, Benita Manuel. The robbers asked for water, then threw it into the fireplace and extinguished the light. When Benita Manuel reprimanded them, they assaulted her, breaking her forearm and causing other injuries, while others choked and blindfolded Ruperta. The robbers seized a locked trunk belonging to Leona Fontano, carried it outside, broke it open, and stole P42 in cash, jewelry, and wearing apparel valued at about P100. The trunk was later found in a nearby vegetable garden. A complaint for robo en cuadrilla was filed against five defendants: Dionisio Barroga, Lucas Villaros, Proceso Ramos, Pedro Alisias, and Lucas Barroga. The trial court convicted all five and sentenced each to eight years and one day of presidio mayor, with accessory penalties, indemnity, and costs.

ISSUE

1. Whether the crime committed was robo en cuadrilla (robbery in band).
2. Whether the confessions of the defendants (Dionisio Barroga, Lucas Villaros, and Proceso Ramos) were voluntary and admissible.
3. Whether the guilt of all five defendants was proven beyond reasonable doubt.

RULING

1. The crime is simple robbery, not robo en cuadrilla. The record did not establish that all four perpetrators were armed, a requirement under Article 505 of the Penal Code for robo en cuadrilla. The crime is classified under Article 502 and Article 503, No. 5, of the Penal Code (robbery with violence or intimidation against persons). The injuries inflicted on Benita Manuel were classified as lesiones menos graves (less serious physical injuries), not serious enough to qualify under aggravating paragraph 4 of Article 503.

2. The confessions of Dionisio Barroga, Lucas Villaros, and Proceso Ramos were voluntary and admissible. They confessed before the municipal president and chief of police without showing that these confessions were obtained through maltreatment, intimidation, or promises. Their failure to complain about alleged coercion at the earliest opportunity undermined their claims. Furthermore, some stolen items were found in the possession of Villaros and Barroga, corroborating their guilt.

3. Only three defendants are guilty beyond reasonable doubt. The evidence conclusively established the guilt of Dionisio Barroga, Lucas Villaros, and Proceso Ramos as principals by direct participation. However, the evidence against Pedro Alisias and Lucas Barroga was insufficient and did not overcome the presumption of innocence. In case of reasonable doubt, acquittal is warranted under Section 57 of General Orders No. 58.

Aggravating Circumstances: The robbery was committed at night and in the dwelling of the offended parties, with no mitigating circumstances to offset them. Therefore, the penalty is imposed in its maximum degree.

Disposition:
– Proceso Ramos, Lucas Villaros, and Dionisio Barroga are sentenced to eight years and one day of presidio mayor, with accessory penalties. They are ordered to restore the unrecovered stolen items or pay their value (P42) and to jointly pay P7.50 as indemnity to Benita Manuel. Each shall pay one-third of the costs.
– Pedro Alisias and Lucas Barroga are ACQUITTED and ordered released immediately unless held for another cause. Their share of the costs is de oficio.
– The appealed judgment is affirmed insofar as consistent with this decision and reversed as to the acquitted defendants.