G.R. No. L-7286, February 17, 1912
THE UNITED STATES, plaintiff-appellee, vs. JUAN RECIO, defendant-appellant.

FACTS

On January 4, 1910, in Cebu, the accused Juan Recio, through an agent, induced the Chinese merchant Lim Chungque to sell three cans of opium by presenting a forged letter and payment. The next day, Recio, pretending to be a law enforcement inspector, confronted Lim Chungque, accused him of violating the Opium Law, and threatened him with arrest and imprisonment. Through this intimidation, Recio extorted ₱1,000 from Lim Chungque in exchange for not reporting the alleged violation. The incident occurred inside Lim Chungque’s store. Recio was convicted of robbery by the trial court.

ISSUE

Whether the acts of the accused constitute the crime of robbery under the Penal Code.

RULING

Yes. The Supreme Court affirmed the conviction but modified the penalty. The accused committed robbery by intimidation under Article 502 of the Penal Code, as he obtained money by pretending to be an officer and threatening arrest and imprisonment. The aggravating circumstance of morada (dwelling) under Article 510 was present since the crime was committed in the victim’s store, with no mitigating circumstances. Applying the maximum degree of the penalty under Article 503, the Court sentenced Recio to six years, ten months, and one day of presidio mayor, with an order to indemnify the victim ₱1,000 and pay costs.