About dark in the evening of February 15,  1910, Pedro C. Lopez, Mateo Navarro, Teofilo Osorio, and Carlucio Alban entered the store of Dy-Yong, situated within the jurisdiction of the municipality of  Dalaguete, Province of Cebu, and, after having entered this store, Lopez told the Chinaman, Dy-Yong, that he, Lopez,  was  an internal-revenue agent, and at the same time exhibited his badge.  Immediately thereafter Lopez, assisted by Navarro, commenced to search the store, and after having examined the contents of certain boxes they pretended  that  they had found  a small quantity  of  opium concealed in one of the boxes. The Chinaman denied the ownership of this opium,  stating that he knew absolutely nothing about its being in that box. The accused and his  companions then threatened to arrest this Chinaman and take him to the municipality on a charge of violating the  Opium Law.  The Chinaman protested his innocence and showed signs of refusing to submit  to arrest. At that moment Navarro and Alban  drew their  revolvers and pointing them at the  Chinaman  told  him to follow them.  At this moment Lopez proposed to release the Chinaman and not report this charge against him if he would give them P400.  The Chinaman  could not  pay this amount because he did not  have  the money, but he  did pay Lopez the sum of P60  on  condition that they would  release him. After Lopez had received this sum they refused to  release him but forced him to accompany them in the direction of the municipality.  When but a short distance from  the Chinaman's store, and in  front of the house of one Santiago Caren, some one proposed that they enter Santiago's house. They did this and after having a talk with Santiago, Lopez again proposed to the Chinaman that they  would release him  on  payment of P340 more.  After considerable discussion they finally agreed to release him on  condition that he pay them P200, which  the Chinaman did,  making in all P260 received by Lopez.

Subsequent to the commission of these acts Lopez, Navarro and Osorio were tried by the Court of First Instance of the Province of Cebu for the crime of robbery.  Carlucio Alban  was  excluded from the  complaint and used  as a witness for the  prosecution,  Osorio  was  acquitted,  and Lopez and Navarro were each  sentenced to three years, eight months,  and on  day of presidio correccional, to the corresponding accessory penalties, to indemnify the offended party, Dy-Yong,  in  the sum of  P260, to suffer the corresponding subsidiary imprisonment in case of insolvency, and to  pay one-third of the costs.  They appealed.

During  the  pendency  of this  case in this court Mateo Navarro  withdrew  his  appeal  and  is  now  serving his sentence.

It has been  established beyond any question of doubt that this robbery was  committed in  the  manner above set forth.   The judgment  appealed  from being in accordance with the law and the  merits of the case, same  is hereby affirmed, with the corresponding amount Of costs  against the appellant.   So ordered.

Arellano, C.  J., Mapa, Carson,  and Moreland, JJ., concur.