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EN BANC

G.R. No. 46836 January 11, 1940

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. LAMBERTO YCO y GUEVARRA, (alias LAMBERTO ICO), Defendant-Appellant.

Antonio T. Carrascaso, Jr., for appellant.
Office of the Solicitor-General Roman Ozaeta and Assistant Attorney Rafael Amparo, for appellee.

LAUREL, J.: chanrobles virtual law library

On June 27, 1939, Lamberto Yco y Guevarra (alias Lamberto Ico), was charged in the Court of First Instance of Manila with robbery in an inhabited house. Notwithstanding the plea of guilty entered by him, the trial court found him guilty of robbery in an uninhabited house and sentenced him to an indeterminate penalty of not less than four months and one day of arresto mayor, nor more than six years of prision correccional, with the accessory penalties of the law and to pay the costs. From this judgment, he has appealed to this Court.chanroblesvirtualawlibrary chanrobles virtual law library

The appellant was charged with robbery in an inhabited house and the information contains specific averments to that effect. By the appellant's plea of guilty, he admitted unqualifiedly the facts alleged in the information. The lower court, therefore, erred in finding him guilty of robbery in an uninhabited house.chanroblesvirtualawlibrary chanrobles virtual law library

The judgment appealed from is hereby modified, and the appellant held guilty of robbery in an inhabited house, defined and punished under article 299 ( b), penultimate paragraph of the Revised Penal Code, and sentenced to suffer an indeterminate sentence of four months of arresto mayor to two years and four months of prision correccional, with the accessory penalties, to indemnify the offended party, Sancho Tolentino, in the sum of P92, and to pay the costs. So ordered.

Avance�a, C.J., Villa-Real, Imperial, Diaz and Concepcion, JJ., concur.