These defendants were charged with the crime  of robo en cuadrilla.  On  the 15th of March, 1910,  the fiscal of the Province of Cagayan presented the following complaint: 

"That the said Narciso  Tabanda, Geronimo Pascua, Andres Salvador, and Guillermo de la Cruz,  in company with other parties unknown, did, on  the night of December 15, 1909, in the municipality  of Lalloc,  Province of Cagayan, P. I., willfully, unlawfully, and  criminally enter the house of Juan Bacuyag, situated in the barrio of  Bical of said municipality of Lalloc, Province of Cagayan, P. I., all armed with bolos and clubs; and once inside did, by means of force upon property  and violence and intimidation  against persons, steal  money, jewels  and clothing to the value of approximately three hundred  pesos  (P300), in violation of law."

Upon the arraignment of the  accused in the court below the defendant Guillermo de la Cruz pleaded guilty to the crime charged and on the 9th of September, 1910, he was sentenced by the lower court to  be imprisoned for a period of one  year of presidio correccional,  to indemnify Juan Bacuyag in the sum of P300 and in case of insolvency to suffer subsidiary imprisonment and to pay one-fourth part of the costs.   Guillermo de la Cruz did not appeal from this sentence.

The other  defendants pleaded not  guilty to the crime charged.

After hearing the evidence, the lower court found each of them guilty of the crime charged and sentenced each of them, on  the  4th day of October, 1910, to  be imprisoned for a period of six years, ten months and one day of prision mayor, to jointly  and severally indemnify  the persons robbed in the  sum  of P216, and in case of insolvency to suffer subsidiary imprisonment, and each to  pay one-fourth part of the costs.

From that sentence each of the defendants appealed to this court.   The only question presented here is one of fact.

The attorney representing the defendants in this court does  not ask  that the sentence  of the lower court be reversed, but believes that the sentence of that court should be reduced.

From an examination of the evidence brought to this court, the following facts seem to be proven beyond peradventure of doubt:

That on the 15th of December, 1909, in the barrio of Vical, municipality  of Lalloc, Province of Cagayan,  the four defendants, being armed with bolos, went to the house of Juan Bacuyag, between  7 and 8 o'clock in the evening and proceeded to manacle Alejo Bacuyag, Pedro Abing and Juan  Bacuyag, and with force and violence did break open several trunks found in the house of Juan Bacuyag, from which they extracted money, jewelry and clothing of the value of ^216, which they took and carried  away.  The defendants were each identified by one of the persons in the house  at the  time  of the   robbery.   The defendants  attempted to prove an alibi.  The evidence adduced in support of this defense does not seem to be sufficiently creditable to cast the slightest doubt upon the  guilt of the defendants as shown by  the testimony  of the offended  persons.  The evidence shows that the defendant, Salvador, acted as chief of  the band.  The penalty,  therefore,  which  should be imposed upon him should be in the grade immediately above the  penalty  imposed upon  the  members of the band, in accordance with  the provisions  of paragraph 2 of article 504  of the  Penal Code.  (U. S. vs. Gamalinda, 10  Phil. Rep., 100; U. S.  vs. De  los Santos, 12 Phil. Rep., 622.) The evidence shows  also that there existed the aggravating circumstances of nocturnity and morada.  The crime  was committed in the night-time, the defendants evidently selecting that time for the purpose of more effectually committing the robbery.  They  also entered the house of the offended persons and committed the crime there.  There were no extenuating circumstances.

It has been the practice of this  court for nearly eight years, under  circumstances attending the commission of the crime of robo en cuadrilla such as are proven in the present case, to impose the maximum degree of the penalty provided for by law.  (U. S.  vs. Gutierrez, 14 Phil. Rep., S88.)  The  Attorney-General, after a careful examination of the facts,  recommends that the sentence of  the lower court be modified, and that the defendant, Andres Salvador, the chief of the band, be sentenced to be imprisoned for a period of fourteen years eight months and one day of cadena temporal; that the other defendants, Narciso Tabanda  and Geronimo Pascua, be sentenced to be imprisoned for a period of ten years  of presidio  mayor, with the  accessories of articles 56 and 57 of the Penal Code, to indemnify  jointly and  severally Juan Bacuyag in the  sum  of P216 and Lamberta Consigna in the sum of P80, without subsidiary imprisonment in the case of insolvency, and to pay the costs.

After an  examination of the  evidence brought to this court,  we are of  the opinion that the recommendation of the Attorney-General is in conformity with the  facts and the law.  Under the provisions of article 51 of the Penal Code, subsidiary imprisonment can not be imposed upon a person condemned to a penalty higher in the general scale than that of presidio correctional.  This court said, in  the case of U. S. vs. Mendiola (12 Phil. Rep., 125):  "Subsidiary personal liability  on account of insolvency should not  be imposed where the principal penalty to which the convict is sentenced is higher  in the  general scale of penalties than that of  presidio correctional"   (U. S. vs. Miranda, 2 Phil. Rep.,  606; U. S.  vs. Cofrada, 4 Phil. Rep., 154; U. S. vs. Castroverde, 4 Phil. Rep., 246.)   The penalty of  imprisonment  imposed in the present case being higher than that of presidio correctional,  subsidiary imprisonment can not  be imposed.  Therefore,  the judgment  of the lower court is hereby modified and the said Andres Salvador, as chief of the band,  is hereby sentenced to be imprisoned for a period of fourteen years eight months and one day of cadena temporal, and Narciso Tabanda and Geronimo Pascua are each hereby sentenced to be imprisoned  for a period of ten years of presidio mayor, with the accessories of articles 56 and 57  of the Penal  Code, to indemnify jointly and severally with  the said Guillermo de la Cruz, Juan Bacuyag in  the sum of P216 and Lamberta  Consigna in the sum of P80 and each  to pay  his  proportional  amount of the costs.   So ordered.

Torres, Mapa, Carson, and Moreland, JJ., concur.