People v. Mendigoren
REITERATIONFacts
The Antecedents: On an unspecified evening in September 1901, the defendant, Emigio Mendigoren, was one of four men who went to the house of Severino del Castillo in Binalupijan, Province of Bataan. They terrorized the occupants and stole a suit of clothes and 10 pesos in money. The defense claimed the defendant was forced to join the group. Procedural History: The court below convicted the defendant based on Article 505 of the Penal Code, which pertains to 'cuadrilla'. The Petition: The defendant appealed the judgment.
Issue(s)
Whether the defendant was a voluntary member of the group that committed the robbery. Whether the group constituted a 'cuadrilla' as defined by law. Whether the time and place of the commission of the crime constitute aggravating circumstances.
Ruling
The Supreme Court modified the judgment of the court below. It found the defendant guilty of the crime of 'robo' under Article 503, No. 5 of the Penal Code, considering the time and place of the commission as aggravating circumstances. The defendant was sentenced to eight years of 'presidio mayor'.
Ratio Decidendi
On whether the defendant was a voluntary member of the group: The Court found the defense's claim that the defendant was captured and forced to accompany the robbers to be unsubstantiated. The Court stated that such a defense requires very convincing evidence, and in the present record, there was nothing that even remotely tended to support it. On whether the group constituted a 'cuadrilla': The Court held that the group did not constitute a 'cuadrilla' in the sense of the law. While two or three of the robbers carried arms, the evidence indicated that the defendant, the fourth member, was not armed. The Court cited Article 505 of the Penal Code and a judgment of the Supreme Court of Spain of May 22, 1871, to define 'cuadrilla' as requiring a band of more than three armed men. On the conviction and penalty: The Court found the defendant guilty of 'robo' as defined and punished in Article 503, No. 5 of the Penal Code. The Court determined that the time and place of the commission of the crime constituted aggravating circumstances under Article 10, Nos. 15 and 20 of the Penal Code. Consequently, the defendant was sentenced to eight years of 'presidio mayor'. The judgment of the court below was modified to reflect this finding and affirmed in other respects.
Main Doctrine
The crime of 'robo' under Article 503, No. 5 of the Penal Code is committed when property is taken from another by means of violence or intimidation. The presence of four robbers, even if only some were armed, does not automatically constitute a 'cuadrilla' as defined by law. Aggravating circumstances of time and place can increase the penalty.