Case Digest (G.R. No. 4500)
Facts:
- Defendants: Marcelo Aquino, Toribio Limos, Ignacio Varela.
- Charged with robbery in an armed band (robo en cuadrilla) on June 28, 1907.
- Incident occurred at 2 AM on April 10, 1907, in Rimos, Luna, La Union.
- Accused unlawfully entered Bonifacia Raso's home, using violence to steal property worth 2,338 pesetas belonging to Doroteo Barroso and Bonifacia Raso.
- Doroteo Barroso was bound and thrown to the floor during the robbery.
- Trial court convicted the appellants, sentencing them to nine years of presidio mayor, accessory penalties, restitution, and trial costs.
- Defense argued for reversal based on lack of preliminary investigation, failure to arraign, defects in information, and insufficient evidence of identity.
- Two preliminary investigations dismissed charges due to insufficient evidence; a third investigation found probable cause, leading to trial.
Issue:
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Ruling:
- The court ruled that the appellants waived their right to a preliminary investigation.
- The court found that the appellants were properly arraigned and pleaded not guilty.
- The court determined that the information was not defective and adequately charged the crime of robbery in an armed band.
- The court concluded t...(Unlock)
Ratio:
- The court held that the appellants effectively waived their right to a preliminary investigation by not objecting to the proceedings before the appeal.
- The court emphasized that the right to a preliminary investigation can be waived, and the lack of objection indicated acceptance of the process.
- Regarding arraignment, the court noted that the record showed the appellants pleaded not guilty, addressing the defense's claim of a lack of formal plea.
- The information filed was deemed sufficient,...continue reading
Case Digest (G.R. No. 4500)
Facts:
The case involves the defendants Marcelo Aquino, Toribio Limos, and Ignacio Varela, who were charged with robbery in an armed band (robo en cuadrilla) by the provincial fiscal on June 28, 1907. The alleged crime occurred at approximately 2 o'clock in the morning on April 10, 1907, in the barrio of Rimos, pueblo of Luna, Province of La Union. The information stated that the accused, along with other unknown individuals, unlawfully entered the home of Bonifacia Raso, using violence and intimidation to steal personal property valued at 2,338 pesetas belonging to Doroteo Barroso and Bonifacia Raso. During the incident, Doroteo Barroso was bound and thrown to the floor. The trial court convicted the appellants and sentenced them to nine years of presidio mayor, along with accessory penalties, restitution of the stolen goods, and payment of trial costs. The defense argued that the conviction should be reversed on several grounds: lack of a preliminary investigation, failure to arraign the defendants, defects in the information, and insufficient evidence to establish the identity of the appellants as the perpetrators. Prior to the trial, two preliminary investigations had been conducted by the justice of the peace, both resulting in the dismissal of charges due to insufficient evidence. Eventually, a third complaint led to a preliminary investigation by the justice of the peace in San Fernando, which found probable cause, resulting in the trial in the Court of First Instance. The trial judge initially set...