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EN
BANC
PEOPLE
OF THE
PHILIPPINES,
Plaintiff-Appellee,
G.R.
No.
46836
January
11, 1940
-versus-
LAMBERTO
YCO Y
GUEVARRA,
[ALIAS LAMBERTO ICO],
Defendant-Appellant.
D
E C I S I
O N
LAUREL,
J :
On
June 27, 1939, Lamberto
Yco y Guevarra [alias Lamberto Ico], was charged in the Court of
First Instance of Manila with robbery in an inhabited house.
Notwithstanding
the plea of guilty entered by him, the trial court found him guilty of
robbery in an uninhabited house and sentenced him to an indeterminate
penalty
of not less than four months and one day of arresto mayor, nor more
than
six years of prision correctional, with the accessory penalties
of the law and to pay the costs. From this judgment, he has appealed to
this Court.
The appellant was
charged
with robbery in an inhabited house and the Information contains
specific
averments to that effect. By the appellants plea of guilty, he admitted
unqualifiedly the facts alleged in the Information. The lower court,
therefore,
erred in finding him guilty of robbery in an uninhabited house.
The judgment appealed
from is hereby modified, and the appellant held guilty of robbery in an
inhabited house, defined and punished under Article 299 [b],
penultimate
paragraph of the Revised Penal Code, and sentenced to suffer an
interminate
sentence of four months of arresto mayor to two years and four
months
prision correccional, with the accessory penalties, to
indemnify
the offended party, Sancho Tolentino, in the sum of P92, and to pay the
costs. So ordered.
Avanceña, C.J.,
Villa-Real, Imperial, Diaz and Concepcion, JJ., concur. |
