Republic of the Philippines

SUPREME COURT
Manila

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.:

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.

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.

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.

Avanceña, C.J., Villa-Real, Imperial, Diaz and Concepcion, JJ., concur.