People vs Enguero, 100 Phil 1001
Criminal Case Digest:
Digested Cases
Facts:
Florentino Enguero, Jose Tariman, Nazario Narvarte and Dionisio Bueno were charged with the crime of robbery in band in three separate informations and after a joint trial the Court of First Instance of Camarines Sur found them guilty as
They
appealed. Jose Tariman withdrew his appeal. As no question of fact is raised,
the only error assigned to have been committed by the trial court being the
conviction and sentence of the defendants for three robberies in band instead
of only one, the Court of Appeals certified the appeal to this Court.Florentino Enguero, Jose Tariman, Nazario Narvarte and Dionisio Bueno were charged with the crime of robbery in band in three separate informations and after a joint trial the Court of First Instance of Camarines Sur found them guilty as
Issue:
Whether or not the argument of counsel de oficio that the appellants are guilty of one crime only is tenable.
Ruling:
Counsel de oficio argues that the appellants are guilty of one crime only citing in support of his contention the case of People vs. de Leon, 49 Phil., 437. The contention is without merit. In the case cited by counsel the defendant entered the yard of a house where he found two fighting this case, after committing the first crime of robbery in band the appellants went to another house where they committed the second and after committing it they proceeded to another house where they committed the third. Obviously, the rule in the case cited cannot be invoked and applied to the present.
The crime committed is robbery in band punished in articles 294, paragraph 5, of the Revised Penal Code, as amended by Republic Act No. 18, in connection with article 295 of the same Code, as amended by Republic Act No. 373, with prison correccional in its maximum period to prison mayor in its medium period. As the robbery was committed in band, the penalty to be imposed is the maximum period of the proper penalty, which is prison mayor in its medium period, or from 3 years and 1 day to 10 years. The second paragraph of article 295 of the Revised Penal Code which impose the penalty next higher in degree upon the leader of the band has been left out by Republic Act No. 373, amending further article 295 of the Revised Penal Code.
Pursuant to the Indeterminate Sentence Law, the penalty to be imposed upon each of the appellants is the next lower to that prescribed by the Revised Penal Code for the offense, or 4 months and 1 day of arresto mayor, as minimum, and 8 years and 1 day of prison mayor, as maximum, in each of the three crimes committed, and the accessories of the law.
Modified as to the penalty to be imposed upon each of the three appellants, the rest of the judgment appealed from is affirmed, with proportionate costs in each case against the appellants.
