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, tricked the Chinese merchant Lim Chungque into selling three cans of opium by presenting a forged letter and payment. Two hours later, Recio, pretending to be a law inspector, returned with the opium, accused Lim Chungque of violating the Opium Law, and threatened him with arrest and imprisonment. Through intimidation, Recio extorted ₱1,000 from Lim Chungque in exchange for not reporting him. The incident occurred inside Lim Chungque’s store. Recio was charged with robbery.

ISSUE

Whether the accused is guilty of the crime of robbery through intimidation under the Penal Code.

RULING

Yes. The Supreme Court affirmed the conviction but modified the penalty. The accused’s actions constituted robbery under Article 502 of the Penal Code, as he obtained money by pretending to be a law officer and using threats of 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, the penalty was imposed in its maximum degree. The Court modified the trial court’s sentence to six years, ten months, and one day of presidio mayor, plus indemnification of ₱1,000 to the victim, with accessory penalties and costs.