Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1905 > December 1905 Decisions > G.R. No. 1788 December 15, 1905 - UNITED STATES v. JUAN TULAGAN, ET AL.

005 Phil 427:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 1788. December 15, 1905. ]

THE UNITED STATES, Complainant-Appellee, v. JUAN TULAGAN ET AL., Defendants-Appellants.

Jose R. Lahesa, for Appellants.

Solicitor-General Araneta, for Appellee.

SYLLABUS


1. ATTEMPTS TO COMMIT CRIME; PENALTY. — Under the provisions of article 66 of the Penal Code the penalty imposed upon a person attempting to commit a crime should be two degrees lower than that prescribed by law for the consummated offense.


D E C I S I O N


JOHNSON, J. :


These defendants were charged with the crime of robo en cuadrilla in the Court of First Instance of the Province of Nueva Ecija, they were each found guilty and Juan Tulagan, as chief of the gang, was sentenced to imprisonment for a period of fifteen years with the accessories of article 56 of the Penal Code. The other three defendants were sentenced to be imprisoned for a period of nine years of presidio mayor with the accessories of article 57 of the Penal Code, and all to return to one Pedro Joaquin two carabaos which were stolen, or to pay the sum of 180 pesos, their value, in default of which they were to suffer subsidiary imprisonment in accordance with the nature of the crime and each to pay one-fourth part of the costs. From this decision each of the defendants appealed to this court.

The record discloses the fact that Esteban Ramos died while detained in Bilibid on the 5th day of April, 1904, and that Juan Tulagan died in Bilibid on the 8th of October, 1905. The appeal is therefore dismissed as to these two defendants.

An examination of the evidence adduced during the trial discloses the fact that on or about the night of the 26th of April, 1902, these defendants Emeterio Gonzaga and Mariano Escobar, together with twenty or more other persons, armed with bolos and clubs, under the orders and direction of the said Juan Tulagan, who was armed with a bolo and a revolver, attacked the presidencia of the pueblo of Cuyapo of the Province of Nueva Ecija for the purpose of taking and carrying away the money belonging to the said pueblo which was supposed to be in the said presidencia. The purpose of the attack upon the said pueblo was proved by three witnesses, who were with the same defendants and the other members of the gang immediately prior to the time of the said attack.

The evidence further discloses the fact that when the said defendants, together with the said gang, attempted to enter the said presidencia they were repulsed and driven away by the members of the Philippine Constabulary and the municipal police, and that for this reason the said defendants, with the said gang, were unable to enter the pueblo of Cuyapo.

There was an attempt to prove that the said gang stole two carabaos on the night of the said attack from one Pedro Joaquin; this fact, however, was not proven.

The evidence adduced during the trial proves the following facts:chanrob1es virtual 1aw library

First. That the two defendants, Emeterio Gonzaga and Mariano Escobar, were members of a gang armed with bolos and clubs, composed of twenty or more persons.

Second. That the said defendants, together with the said gang, on or about the night of the 26th of April, 1902, attempted to enter the pueblo of Cuyapo in the Province of Nueva Ecija for the purpose of committing robbery.

The defendants are, therefore, guilty of an attempt to commit the crime of robo en cuadrilla.

Considering the aggravating circumstance of cuadrilla and the provisions of article 66 of the Penal Code, which provides that "upon the principals in an attempt to commit a crime shall be imposed a penalty lower by two degrees than that prescribed by law for the consummated crime," it is the judgment of this court that the defendants. Emeterio Gonzaga and Mariano Escobar, be each fined in the sum of 6,250 pesetas, and in case of insolvency to suffer corresponding subsidiary imprisonment for a period of one month, and each to pay one-fourth part of the costs. So ordered.

Arellano, C.J., Mapa, Carson and Willard, JJ., concur.




Back to Home | Back to Main


chanrobles.com



ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman





December-1905 Jurisprudence                 

  • G.R. No. 1619 December 2, 1905 - FILOMENA B. VILLARRUEL v. PETRONILA ENCARNACION

    005 Phil 360

  • G.R. No. 1638 December 2, 1905 - ANTONIO IRIBAR, ET AL. v. MILLAT

    005 Phil 362

  • G.R. No. 2273 December 4, 1905 - UNITED STATES v. FRANCIS J. BERRY

    005 Phil 370

  • G.R. No. 1594 December 5, 1905 - UNITED STATES v. SILVINO ROXAS

    005 Phil 375

  • G.R. No. 2168 December 5, 1905 - UNITED STATES v. BLAS CASAÑAS

    005 Phil 377

  • G.R. No. 2354 December 5, 1905 - GEORGE W. SIMMIE v. H. BRODEK

    005 Phil 379

  • G.R. No. 2965 December 5, 1905 - JOAQUIN MA. HERRER v. ARSENIO CRUZ HERRERA

    005 Phil 383

  • G.R. No. 2083 December 6, 1905 - UNITED STATES v. MANUEL CHAN-CUN-CHAY

    005 Phil 385

  • G.R. No. 1556 December 7, 1905 - JOAQUIN LAFONT v. MARIA YIA PASCASIO

    005 Phil 391

  • G.R. No. 2106 December 8, 1905 - UNITED STATES v. JOSE R. PADILLA

    005 Phil 396

  • G.R. No. 2933 December 8, 1905 - PHILIPPINE TRADING COMPANY v. A.S. CROSSFIELD

    005 Phil 400

  • G.R. No. 1724 December 11, 1905 - ALEJANDRO REYES v. FRANCISCO MARTINEZ

    005 Phil 402

  • G.R. No. 2370 December 12, 1905 - MARIANO ESCUETA v. LEON SY-JUILLIONG

    005 Phil 405

  • G.R. No. 2273 December 13, 1905 - UNITED STATES v. FRANCIS J. BERRY

    005 Phil 409

  • G.R. No. 2496 December 13, 1905 - UNITED STATES v. SIXTO MOLO

    005 Phil 412

  • G.R. No. 2368 December 14, 1905 - CIRILO ESTRELLA v. BONIFACIO ZAMORA, ET AL.

    005 Phil 415

  • G.R. No. 2422 December 14, 1905 - EL BANCO ESPAÑOL FILIPINO v. DONALDSON SIM & CO., ET AL.

    005 Phil 418

  • G.R. No. 1788 December 15, 1905 - UNITED STATES v. JUAN TULAGAN, ET AL.

    005 Phil 427

  • G.R. No. 2364 December 15, 1905 - UNITED STATES v. ARCADIO HERNANDEZ, ET AL.

    005 Phil 429

  • G.R. No. 2764 December 16, 1905 - ENRIQUE SERRANO, ET AL. v. DIONISIO CHANCO

    005 Phil 431

  • G.R. No. 2108 December 19, 1905 - JUANA PIMENTEL v. ENGRACIO PALANCA

    005 Phil 436

  • G.R. No. 2423 December 19, 1905 - UNITED STATES v. BONIFACIO MORALES

    005 Phil 442

  • G.R. No. 2075 December 20, 1905 - UNITED STATES v. VICTOR QUIAMSON

    005 Phil 444

  • G.R. No. 2120 December 21, 1905 - UNITED STATES v. SIMPLICIO LEYSON

    005 Phil 447

  • G.R. No. 2340 December 21, 1905 - JOSE TORRENTE v. W.C. GROVE

    005 Phil 451

  • G.R. No. 2614 December 21, 1905 - UNITED STATES v. SILVERIO PADERES

    005 Phil 456

  • G.R. No. 2058 December 22, 1905 - JOSE MAS v. TIMOTEO LANUZA, ET AL.

    005 Phil 457

  • G.R. No. 2061 December 28, 1905 - UNITED STATES v. MARCOS ZAFRA

    005 Phil 460

  • G.R. No. 2201 December 28, 1905 - UNITED STATES v. SANTIAGO MATEO

    005 Phil 462

  • G.R. No. 2298 December 28, 1905 - UNITED STATES v. IGNACIO SIATONG

    005 Phil 463

  • G.R. No. 2453 December 28, 1905 - UNITED STATES v. INOCENTES ANDRADA

    005 Phil 464

  • G.R. No. 2456 December 28, 1905 - UNITED STATES v. ELICERIO AMOROSO, ET AL.

    005 Phil 466

  • G.R. No. 2709 December 28, 1905 - UNITED STATES v. ISIDORO ARAGON

    005 Phil 469