People vs. Macamay, G.R. No.

11952, 25 September 1917

FACTS:

At 10 o’clock at the night, there are armed men entered the house of Juan Mar, and with
threats and menaces ordered the inmates to give up their money. Aquilina Mar, a sister of Juan
Mar, was required to produce the keys to certain trunks in the sala. These were opened and
searched, but no valuables were found in them.

Three of the robbers then went to the bedroom of Juan Mar, leaving three of their companion
on guard in the sala. In the bedroom a trunk was found which contained P2,500 amount of
money, and it was taken by the robber. They also carried away a few articles of personal
property, worth about P5.

One of the malefactors was sufficiently identified at the trial as Lorenzo Tinampay. At the time
of the robbery his face was blackened, probably with charcoal, but otherwise none of the
participants were disguised.

The other defendants positively testify that the defendant Nicolas Macamay is one of them.
According to their story, about 2 days before the incident of the crime, two of the defendant
there induced Benigno Madria and Francisco Bacleon to join them on the pretense that they
were going over into a neighboring barrio to gamble. The party then proceeded to the home of
Nicolas Macamay, the defendant and they later on discussed the real intention of the group
which is to rob the house Juan Mat,

And that it was Nicolas Macamay, who had come along in the rear of the party, then produced
arms which were distributed among the seven.

The band then proceeded to the house of Juan Mar and went on as they have planned. Upon
leaving the place of the robbery the party returned to the home of Macamay and they divided
the money, but this has led to dissatisfaction of some.

Macamay denied participation in the robbery and attempted, in an unconvincing way, to prove
an alibi. He admits that about the middle of April four members of the band had visited him
seeking for work, and that on May 5, 1915, five members of the band again appeared on the
same errand and left early.

ISSUE: Whether or not Macamay is guilty of robbery by band?

RULING: YES!

After a careful examination of the record, the court reached the conclusion that Macamay's
complicity is shown with all the certainty which the law requires; and that the trial court does
not erred for finding him guilty.
 No motive appears why the witnesses who testified against Macamay should have desired to
implicate him, if he was innocent, and certainly there was no lack of others on whom to put the
blame.

Furthermore, according to the court the crime committed in the present case is that of
robbery en cuadrilla, with violence or intimidation against the person, with the aggravating
circumstances of nocturnity and that the crime was committed in the dwelling of the injured
person; and it should be punished in conformity with subsection 5 of article 503, in relation
with articles 504 and 505.