Napolis v CA Held:
Although the court previously held that where robbery, though committed in
Facts: At about 1:00 o’clock in the early morning of October 1, 1956, Mrs.
Casimira Lagman Penaflor heard the barkings of the dog indicating the
presence of strangers. So she woke up her husband, Ignacio Penaflor who went
down to the store to take a look. As he approached the door of the store, it
suddenly gave way to reveal 4 men, one of them holding a machine gun.
Ignacio received a stunning blow on the head and fell down. He pretended to
be dead. The robbers went up the house, and asked the wife for money. Mrs.
Penaflor, realizing the danger they were in, gave them 2,000 cash and two
rings worth 350 pesos. The strangers then opened and ransacked the
wardrobe. They also tied Mrs. Penaflor and her sons and covered them with
blankets and left. A neighbor, Councilor Almario, heard their plea for help and
untied Ignacio. The incident was then reported to the authorities.
Shortly after, a criminal complaint for robbery in band was filed against
Napolis, Malana, Dela Cruz, Anila (Mori), Escabel (Pepe), Bededia (Toning),
John Doe (Casimiro), Satimbre, et al. It was alleged that they were armed with
a Grease Gun, 3 caliber .45 pistols and revolvers did then entered the dwelling
of Spouses Penaflor by boring a hole under the sidewall of the ground floor of
the house. And attacked Ignacio on the head, and threatened Casimira at
gunpoint.
RTC convicted Napolis, Malana and Satimbre of the crime of robbery in band
in an inhabited house, entry by breaking a wall as provided in Article 299 (a) of
the RPC and Malanaas as an accessory. Principals were sentenced to an
indeterminate penalty of 10 years and 1 day of prison mayor as minimum to 17
years, 4 months and 1 day reclusion temporal as maximum. And to indemnify
spouses in the amount of 2,557. The accessory was sentenced to arresto mayor
as minimum and prision correccional as maximum and subsidiary
imprisonment in case of insolvency.
CA: Affirmed
SC: Affirmed with Modification. (Only Napolis appealed)
Issue: W/N the characterization of the crime under Article 299 par (a) was
correct despite the intimidation employed by the defendants against the wife
thereby infringing Article 294?
an inhabited house, is characterized by intimidation, this factor "supplies the
controlling qualification," so that the law to apply is article 294 and not article
299 of the Revised Penal Code. This is on the theory that "robbery which is
characterized by violence or intimidation against the person is evidently graver
than ordinary robbery committed by force upon things, because where violence
or intimidation against the person is present there is greater disturbance of the
order of society and the security of the individual." And this view is followed
even where, as in the present case, the penalty to be applied under article 294
is lighter than that which would result from the application of Article 299.
We find ourselves unable to share the foregoing view. We agree with the
proposition that robbery with "violence or intimidation against the person is
evidently graver than ordinary robbery committed by force upon things," but,
precisely, for this reason, We cannot accept the conclusion deduced therefrom
in the cases above cited — reduction of the penalty for the latter offense owing
to the concurrence of violence or intimidation which made it a more serious
one. It is, to our mind, more plausible to believe that Art. 294 applies only
where robbery with violence against or intimidation of person takes place
without entering an inhabited house, under the conditions set forth in Art. 299
of the Revised Penal Code.
When the elements of both provisions are present, that the crime is a complex
one, calling for the imposition -- as provided in Art. 48 of said Code -- of the
penalty for the most serious offense, in its maximum period, which, in the case
at bar, is reclusion temporal in its maximum period. This penalty should, in
turn, be imposed in its maximum period -- from nineteen (19) years, one (1)
month and eleven (11) days to twenty (20) years of reclusion temporal — owing
to the presence of the aggravating circumstances of nighttime. In short, the
doctrine adopted in U.S. v. De los Santos and applied in U.S. v. Manansala,
U.S. v. Turla, People v. Baluyot, Manahan v. People, and People v. Sebastian,
is hereby abandoned and appellant herein should be sentenced to an
indeterminate penalty ranging from ten (10) years, and one (1) day of prision
mayor to nineteen (19) years, one (1) month and eleven (11) days of reclusion
temporal.
Thus modified as to the penalty, the decision of the Court of Appeals is hereby
affirmed in all other respects, with costs against herein appellant, Nicanor
Napolis. It is so ordered.
 ARSON, ROBBERY IN BAND AND ROBBERY WITH HOMICIDE the house of Gorgonio Mosende, went to the neighboring house of
AND PHYSICAL INJURIES" George Kalitas where they committed the crimes of Arson and
"People vs. Biruar", 130 SCRA 513, G.R. Nos. L-32202-04 (July 25, Robbery with Homicide and Physical Injuries. Obviously, the
1984) accused performed different acts with distinct purposes which
resulted in juridically independent crimes. The burning of the house
FACTS: of George Kalitas was not the means in committing the robbery. The
One night, several persons arrived at the house of Gorgonio evidence shows that the accused gained entry into the house of
Mosende who were welcomed by the latter thinking that they were George Kalitas by breaking down the door with an axe and not by
relatives of his wife. Suddenly, the armed men took his firearm, burning the same. The commission of the crimes of arson and
ransacked their aparador, taking therefrom coins and paper bills robbery with homicide and physical injuries was attended by the
and left. Not long thereafter, gunshots were heard coming from the aggravating circumstances of nighttime, dwelling, use of motor
direction of the house of George Kalitas wherein Babbadon Odal was vehicle, and with the aid of armed men to ensure or afford impunity
hit by a bullet on the left wrist while Jessie Renopal, the 11-year old while the use of unlicensed firearm was appreciated as an
granddaughter of Kalitas, was grazed by a bullet in the head and aggravating circumstance in the crime of robbery in band under Art.
then the accused set the house on fire. By breaking down the door 295 of the Revised Penal Code.
with an axe, they were able to enter the house, so George Kalitas
fired at them but the armed men fired back, hitting George Kalitas,
who died before they could reach the hospital. The robbers then
took the amount of P40,000.00, in cash and some old coins which
Mrs. Kalitas had kept in a container inside the trunk. They also got
the money of Jessie Renopal. The fire continued to spread until the
main house of George Kalitas and his bodega, including their
contents, and a truck parked in between the buildings were
completely destroyed. The trial court found the accused guilty of the
crimes of Robbery in Band, Arson, and Robbery with Homicide and
Physical Injuries. The accused alleges that only one offense was
committed since the robbery in the houses of Gorgonio Mosende
and George Kalitas is one continuing offense, committed at the same
time and on one occasion, and arising out of one criminal resolution,
and the burning of the house of George Kalitas was the means to
commit the crime of robbery.

ISSUE: WON the contention of the accused that only one offense was
committed is correct?

RULING:
No. The accused, after committing the crime of robbery in band in