Add TAGS to your cases to easily locate them or to build your SYLLABUS.
Please SIGN IN to use this feature.
https://lawyerly.ph/juris/view/c9be?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09
[US v. FACUNDO AGUSTIN](https://lawyerly.ph/juris/view/c9be?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
{case:c9be}
Highlight text as FACTS, ISSUES, RULING, PRINCIPLES to generate case DIGESTS and REVIEWERS.
Please LOGIN use this feature.
Show printable version with highlights

[ GRNo. 7635, Oct 18, 1912 ]

US v. FACUNDO AGUSTIN +

DECISION

23 Phil. 299

[ G. R.No. 7635, October 18, 1912 ]

THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. FACUNDO AGUSTIN, DEFENDANT AND APPELLANT.

D E C I S I O N

CARSON, J.:

The guilt of the defendant of the  crime of robbery with which he was charged, was established at the trial beyond a reasonable doubt.  The trial court sentenced the defendant to ten years and one day of imprisonment, together with the accessory penalties prescribed by law.

It appearing that the criminal  was armed at the time when the robbery was committed, and that he secured entry to the house which he robbed  "through an opening not intended for ingress or egress," but that the value of the property taken did vnot exceed  1,250  pesetas, the penalty which should have been imposed was that of presidio correccional in its medium degree, to presidio mayor in its minimum degree, that being the penalty next lower in degree than the penalty prescribed in the first paragraph of article 508, which is as follows: 

"Any armed person who shall commit  a robbery in  an inhabited  house,  public building or  edifice  devoted to religious worship shall suffer a penalty ranging from presidio mayor in its medium degree to cadena temporal in its minimum degree, if the value of the property taken shall exceed one thousand two hundred and fifty pesetas,  and the robber shall have entered the house or building in which the robbery was committed, or any  dependency thereof, by any of the following  means: 

"1. Through any opening not intended for entrance or egress."

The  evidence  disclosing that the commission of  the crime  was  marked  with  one  aggravating circumstance (nocturnity), and no extenuating circumstance, this penalty should have been  imposed in its maximum degree, that is to say, the penalty to be imposed is from six years and one day to eight years  of presidio eorreccional.   Modified oy substituting  for so much of the sentence  of the court below  as imposed ten years and one day's imprisonment, the penalty of eight years of presidio eorreccional, the judgment  of conviction and the sentence imposed by the trial court should be and are hereby affirmed, with the costs of this instance against the appellant.

Arellano. C.  J., Torres, Mapa, Johnson,  and Trent, JJ.,concur.


tags