Case Digest (G.R. No. 26284)
Facts:
The People of the Philippine Islands v. Juan Tubog et al., G.R. No. 26284, November 17, 1926, the Supreme Court, Johns, J., writing for the Court; Avancena, C.J., Johnson, Street, Malcolm, Ostrand, Romualdez, and Villa-Real, JJ., concur. The information charged that on or about June 22, 1926, in Jagna, Bohol, the defendants conspired, were armed, and by force upon things broke the lock of one of the doors of the store of the Chinaman Jo Ebe and took an iron safe containing P1,930 and other articles; Juan Tubog was alleged as accessory after the fact.At arraignment all defendants pleaded guilty. The Court of First Instance of Bohol found the principals guilty and sentenced Santiago Rubi (alias Santiago Lucero) and Florencio Postrero (alias Dionisio Castrero) to ten years and one day of presidio mayor with accessory penalties, and ordered them to pay one-fourth of costs; Juan Tubog was sentenced to five months and ten days of arresto mayor.
Postrero appealed from that judgment but filed no assignments of error. His court-appointed counsel recommended affirmance. The Attorney-General conceded the facts but argued that because the information did not allege that the store was an “inhabited house” the crime should be treated under Article 512 of the Penal Code (robbery in an uninhabited place) rather than the heavier penalty of Article 508 (robbery in an inhabited house), relying on People v. Callueng and United States v. Vega.
The appeal came directly from the judgment of the Court of...(Subscriber-Only)
Issues:
- Did the information allege that the robbery was committed in an “inhabited house” within the meaning of Article 508 of the Penal Code?
- If not, was the penalty imposed by the trial court excessive and subject to reduction und...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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