G.R. No. L-8460; August 21, 1913
THE UNITED STATES, plaintiff-appellee, vs. LUCIO BAJET and ALEJANDRO PERALTA, defendants-appellants.

FACTS

Apolinario Bello stored eight trunks in a house in Santa, Ilocos Sur. On February 24, 1912, he discovered two trunks missing after being notified that a window was open. Investigation showed two window panels had been unnailed and removed to gain entry, as the main door was padlocked. In May 1912, Alejandro Peralta sold one of the stolen trunks to his aunt, Petrona Coronel. Bello also saw Peralta wearing shoes that were among the stolen items. When confronted, both defendants, Peralta and Lucio Bajet, visited Bello, confessed to the robbery, begged for pardon, and offered to pay for the stolen articles. They explained that Peralta entered the house by removing the window panels while Bajet waited outside to receive the trunks. The trial court convicted them of theft.

ISSUE

Whether the crime committed is theft or robbery.

RULING

The crime committed is robbery, not theft. The Supreme Court held that the forcible entry by unnailing and removing window panels to gain access to the inhabited house constituted “force upon things,” an essential element of robbery under Article 502 of the Penal Code. The fact that the house was ordinarily inhabited, even though no one was present on the night of the crime, classifies it as robbery in an inhabited house under Article 508. The Court reversed the trial court’s judgment convicting the defendants of theft and instead sentenced them each to two years, eleven months, and eleven days of presidio correccional for the crime of robbery, with corresponding accessories and obligations to make restitution.