Facts:

• Antonio Nubla was charged with housebreaking for unlawfully entering the home of sisters Pilar and Ignacia Sy Pico without their consent.
• The incident occurred before the court's decision on April 25, 1905.
• The trial court found Nubla guilty and sentenced him to two months and one day of arresto mayor, as per paragraph 1 of Article 491 of the Penal Code.
• The Government appealed, arguing that the penalty should be increased under paragraph 2 of the same article due to Nubla's use of violence against the sisters.
• The lower court ruled that the violence was not a means to commit the crime but occurred afterward, thus not qualifying for a harsher penalty.
• The Government contended that the complaint did not specify the use of violence, which is necessary for imposing the more severe penalty.

Issue:

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Ruling:

• The court ruled that the defendant could not be sentenced under paragraph 2 of Article 491 because he was not charged with housebreaking executed with violence and intimidation, as this was not specified in the complaint.
• The court affirmed the lower court's decision but modified the penalty ...(Unlock)

Ratio:

• The court emphasized the necessity of specific charges in the complaint, stating that a defendant cannot be convicted of a more serious crime than what is explicitly charged, as this would violate his rights.
• The crime of housebreaking with violence is treated more severely under the law; since the complaint did not include t...continue reading