G.R. No. 39408 ; October 31, 1933
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. AGAPITO FERNANDEZ, defendant-appellant.

FACTS

The defendant, Agapito Fernandez, was charged with robbery in an inhabited house for entering the store and dwelling of merchant Uy Chay Hing on the night of January 5, 1933, in Iguig, Cagayan. He pried open a door to enter, stole a key left by the owner in the room, used it to open a locked table drawer, and took P1,963.74. The next day, he was found in possession of part of the stolen money, including a marked $20 bank note. The defendant, a habitual delinquent with prior convictions, was convicted of robbery by the trial court and sentenced accordingly.

ISSUE

Whether the acts committed by the defendant constitute the crime of robbery under Article 299 of the Revised Penal Code or the crime of theft.

RULING

The Supreme Court ruled that the crime committed was theft, not robbery. The prying open of the door to enter the store did not constitute “breaking” (fractura) as required under Article 299(a)(2) for robbery in an inhabited house. The subsequent breaking of the locked drawer inside the house falls under Article 299(b)(1), but this provision alone does not qualify the crime as robbery unless the entry into the house itself was effected by any of the means enumerated in Article 299(a). Since the entry was not through an opening not intended for entrance, by breaking a wall/roof/door/window, by using false keys, or by pretending public authority, the crime is theft. The Court modified the trial court’s decision, sentencing the defendant to prision correccional for theft, with the additional penalty for habitual delinquency affirmed.

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