EN BANC
[G.R. No. 2160. July 7, 1905. ]
THE UNITED STATES, Complainant-Appellee, v. AGATON GONZALES, Defendant-Appellant.
T . L. McGirr, for Appellant.
Solicitor-General Araneta, for Appellee.
SYLLABUS
1. MASTER AND SERVANT; ROBBERY BY THE SERVANT. — When the crime of robbery is committed by a domestic servant who takes the property of his master, the aggravating circumstance of abuse of confidence should be considered.
D E C I S I O N
JOHNSON, J.:
The defendant was charged with the crime of larceny of the sum of P500 and a ring of the value of P250. He was tried by the Court of First Instance of the city of Manila, found guilty of the crime charged, and sentenced to be imprisoned for the period of two years or presidio correccional.
An examination of the facts adduced during the trial shows that the defendant was a servant in the house of Nicolasa Eugenio, the person from whom the said property was stolen. There exists, therefore, the aggravating circumstance of abuse of confidence. There were no extenuating circumstances.
It is the judgment of this court that the defendant should be punished under paragraph 2 of article 520 of the Penal Code for the period of six years of presidio correccional, to return to Nicolas Eugenio the property stolen, or to indemnify her in the value thereof, and in case of insolvency to suffer subsidiary imprisonment which shall not exceed one year, and to pay the costs of both instances. So ordered.
Arellano, C.J., Torres and Carson, JJ., concur.
An examination of the facts adduced during the trial shows that the defendant was a servant in the house of Nicolasa Eugenio, the person from whom the said property was stolen. There exists, therefore, the aggravating circumstance of abuse of confidence. There were no extenuating circumstances.
It is the judgment of this court that the defendant should be punished under paragraph 2 of article 520 of the Penal Code for the period of six years of presidio correccional, to return to Nicolas Eugenio the property stolen, or to indemnify her in the value thereof, and in case of insolvency to suffer subsidiary imprisonment which shall not exceed one year, and to pay the costs of both instances. So ordered.
Arellano, C.J., Torres and Carson, JJ., concur.
