Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1903 > March 1903 Decisions > G.R. No. 1030 March 11, 1903 - UNITED STATES v. NICOLAS TIQUIO, ET AL

002 Phil 21:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 1030. March 11, 1903. ]

THE UNITED STATES, Complainant-Appellant, v. NICOLAS TIQUIO ET AL, Defendants-Appellees.

Solicitor-General Araneta for Appellant.

Juan M. Paterno for Appellees.

SYLLABUS


1. CRIMINAL LAW; ROBBERY. — A robbery committed by an armed band in an inhabited house, or in buildings attached to inhabited houses, of property exceeding in value 1,250 pesetas, after the robbers had effected entry by scaling a protecting fence of considerable height, falls within the terms of article 508 of the Penal Code.


D E C I S I O N


MAPA, J. :


The acts with which the defendants are charged, and their guilt as principals, are fully proven the record. The judge below rightly classified the acts committed as robbery, but he held that the case was covered by paragraph 5 of article 503 of the Penal Code, inflicting upon the defendants the penalty of eight years of presidio mayor. The prosecuting attorney appealed against this decision, believing that the crime should be punished in accordance with article 508 of the Code, this being the only question which has been raised on this appeal.

The evidence shows that the malefactors were armed with guns and bolos; that the robbery of the clothes was committed in an inhabited house and the robbery of the carabaos in buildings connected with inhabited houses; that the value of the carabaos stolen (the value of the clothing not having been properly ascertained) exceeded 1,250 pesetas; and finally that the malefactors entered the place were the robbery was committed by scaling a fence which protected it and which was of quite a considerable height.

If any of these circumstances had been lacking the case should have been tried under article 503, paragraph 5, as the judge held. But the concurrence of all these circumstances evidently brings the case within the scope of article 508, and the penalty prescribed therein should be imposed in the maximum degree, in accordance with the provisions of article 509. The robbery -as committed by a band, over thirty armed men taking part in it. (Art. 505.)

We therefore impose upon the defendants the penalty of fourteen years and eight months of cadena temporal. The judgment below, thus modified, is otherwise affirmed, with the costs to the defendants. So ordered.

Arellano, C.J., Cooper, Willard and Ladd, JJ., concur.

Torres, J., did not sit in this case.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






March-1903 Jurisprudence                 

  • G.R. No. 1000 March 6, 1903 - UNITED STATES v. CARLOS SANTIAGO, ET AL.

    002 Phil 6

  • G.R. No. 1025 March 6, 1903 - UNITED STATES v. BONIFACIO PLANA, ET AL.

    002 Phil 9

  • G.R. No. 955 March 7, 1903 - RAMON CHAVES v. RAMON NERY LINAN

    002 Phil 12

  • G.R. No. 948 March 9, 1903 - UNITED STATES v. MACARIO CALLOTES

    002 Phil 16

  • G.R. No. 1042 March 9, 1903 - UNITED STATES v. EXEQUIEL CASTILLO, ET AL.

    002 Phil 17

  • G.R. No. 866 March 11, 1903 - UNlTED STATES v. APOLONIO SAMSON

    002 Phil 20

  • G.R. No. 1030 March 11, 1903 - UNITED STATES v. NICOLAS TIQUIO, ET AL

    002 Phil 21

  • G.R. No. 453 March 12, 1903 - ANTONIO VENTURA v. PAUL A. MILLER

    002 Phil 22

  • G.R. No. 911 March 12, 1903 - MAXIMO CORTES v. JOSE PALANCA YU-TIBO

    002 Phil 24

  • G.R. No. 559 March 14, 1903 - MANUEL B. BARRIOS v. MARIA PASCUALA DOLO, ET AL.

    002 Phil 44

  • G.R. No. 1021 March 14, 1903 - UNITED STATES v. FRANCISCO LESCANO

    002 Phil 47

  • G.R. No. 1101 March 16, 1903 - UNITED STATES v. ISAAC BAILOSES

    002 Phil 49

  • G.R. No. 893 March 18, 1903 - I. O. CONCHEGULL v. JOSEPH B. HYAMS

    002 Phil 51

  • G.R. No. 1010 March 19, 1903 - UNITED STATES v. JUAN FERIA, ET AL.

    002 Phil 54

  • G.R. No. 1099 March 19, 1903 - UNITED STATES v. MANUEL NAVARRO, ET AL.

    002 Phil 58

  • G.R. No. 1228 March 19, 1903 - JUAN ARANETA v. HEIRS OF TRANQUILINO GUSTILO

    002 Phil 60

  • G.R. No. 1017 March 21, 1903 - UNITED STATES v. GUILLERMO VILLANUEVA

    002 Phil 61

  • G.R. No. 1046 March 21, 1903 - UNITED STATES v. FELIX MANALANG

    002 Phil 64

  • G.R. No. 1047 March 24, 1903 - UNITED STATES v. JUAN DE CASTRO

    002 Phil 67

  • G.R. No. 1060 March 26, 1903 - UNITED STATES v. GUILLERMO LAUREAGA, ET AL.

    002 Phil 71

  • G.R. No. 1251 March 27, 1903 - FRANK MEKIN v. GEORGE N. WOLFE

    002 Phil 74

  • G.R. No. 1006 March 30, 1903 - UNITED STATES v. NAZARIO ALHAMBRA, ET AL.

    002 Phil 80

  • G.R. No. 1034 March 31, 1903 - DOMINGO S. HERNAEZ v. W. F. NORRIS

    002 Phil 83

  • G.R. No. 1093 March 31, 1903 - UNITED STATES v. SANTIAGO MERIN

    002 Phil 88

  • G.R. No. 1114 March 31, 1903 - UNITED STATES v. BARTOLOME OSTREA, ET AL.

    002 Phil 93