People v. San Pedro
REITERATIONFacts
The Antecedents: The accused, Antonio San Pedro, was charged with the crime of robbery. Procedural History: The Court of First Instance of Bulacan found the appellant guilty of robbery and imposed a sentence of five years' imprisonment and costs. The Appeal: The appellant urged that the information was fatally defective for failing to allege that the property taken was not his own and that it was taken 'con animo de lucro'.
Issue(s)
Whether the information charging robbery was fatally defective for failing to explicitly state that the property taken was not the property of the accused and that it was taken 'con animo de lucro'.
Ruling
The Supreme Court affirmed the decision of the Court of First Instance, holding that the information was not fatally defective and that the evidence adduced sufficiently established the guilt of the accused beyond a reasonable doubt.
Ratio Decidendi
On Issue 1: The Court held that the information was not fatally defective. It explained that Article 502 of the Penal Code defines robbery as the taking of property not one's own, with violence against the person and 'con animo de lucro'. While it would have been preferable to allege these elements explicitly, the Court found that the information, which alleged the taking of a pistol from the complaining witness with force and violence, was sufficient. The Court reiterated the legal presumption that 'animo de lucro' is presumed when all other facts constituting the crime of robbery have been established. Furthermore, it cited the presumption that things possessed by a person are owned by him unless the contrary appears, referencing a decision of the Supreme Court of Spain and paragraph 10 of section 334 of the Code of Civil Procedure. The evidence presented at trial was deemed sufficient to establish the guilt of the accused beyond a reasonable doubt, thereby curing any potential defect in the information.
Main Doctrine
The Court affirmed that while it is preferable to explicitly state all essential elements of a crime in the information, the absence of such explicit allegations for robbery, specifically the taking of property not one's own and the 'animo de lucro,' may not render the information fatally defective. This is because the 'animo de lucro' can be presumed when the other elements of robbery are established, and ownership is presumed to reside with the possessor unless proven otherwise, aligning with established legal principles and presumptions.