- Petitioner
- Edwin del Rosario
- Respondent
- People
- Citation
- G.R. No. 235739
- Court
- Supreme Court
- Decided
- July 22, 2019
Whether Edwin del Rosario is guilty of robbery or theft for snatching a necklace from complainant Charlotte Casiano
Summary
Edwin del Rosario was charged with robbery for allegedly conspiring with Roxan Cansiancio to snatch Charlotte Casiano's necklace worth P18,000 from a jeepney in Davao City. While Roxan plea bargained to attempted robbery, Edwin went to trial maintaining his alibi defense. The RTC and CA convicted him of robbery, but the Supreme Court reclassified the crime to theft, finding that the mere snatching without violence, intimidation, or force upon things constitutes theft rather than robbery. The Court emphasized that the suddenness of taking does not equate to violence. Edwin was sentenced to six months arresto mayor maximum, with the Indeterminate Sentence Law inapplicable since the penalty does not exceed one year. The case clarifies the distinction between robbery and theft based on the presence or absence of violence or intimidation.
Focus of dispute
Whether Edwin del Rosario is guilty of robbery or theft for snatching a necklace from complainant Charlotte Casiano
Legal facts
On January 30, 2012, in Davao City, Edwin del Rosario and Roxan Cansiancio boarded a jeepney with complainant Charlotte Casiano and her brother Kim. While the jeepney stopped at a red light near Villa Abrille Building on Quirino Street, Edwin allegedly gave a signal to Roxan saying 'tirahi na nang babaye bai.' Roxan then snatched Charlotte's Italian gold necklace worth P18,000 and both accused disembarked and fled. Roxan was apprehended and later plea bargained to attempted robbery. Edwin was identified by the victims at the police station and maintained his alibi defense that he was driving his jeepney at the time of the incident.
Judgement and reasoning
Court of Appeals (CA): Affirmed RTC's conviction but modified the penalty. Found conspiracy between Edwin and Roxan based on: (1) they rode the jeepney together; (2) Edwin said 'tirahi na ng babaye bai'; (3) Roxan grabbed the necklace; (4) both disembarked and ran away. Modified penalty to six months arresto mayor as minimum to six years prision correccional as maximum.
Regional Trial Court of Davao City, Branch 16 (RTC): Convicted Edwin of robbery, rejecting his alibi defense as he failed to prove it was physically impossible for him to be at the scene of the crime since he was in Davao City. Sentenced him to indeterminate penalty of six months and one day prision correccional as minimum to six years and one day prision mayor as maximum.
Supreme Court (SC): Partially granted the petition. While affirming Edwin's guilt, reclassified the crime from robbery to theft. Found that the snatching was done without violence, intimidation, or force upon things - the distinguishing element between robbery and theft. The mere act of 'grabbing' or snatching does not constitute violence. Sentenced Edwin to straight penalty of six months arresto mayor maximum, noting that the Indeterminate Sentence Law does not apply since the maximum penalty does not exceed one year.