Consulta v. People

Summary

Pedro C. Consulta was charged with robbery with intimidation for taking complainant Nelia Silvestre's gold necklace worth P3,500 on June 7, 1999. The Regional Trial Court and Court of Appeals convicted him of robbery. However, the Supreme Court reversed the conviction, finding that appellant lacked animus lucrandi (intent to gain) due to pre-existing animosity between the parties arising from landlord-tenant disputes. Instead, the Supreme Court convicted appellant of grave coercion under Article 286 of the Revised Penal Code for using threats, intimidation and violence to prevent complainant from proceeding to her destination. The case demonstrates the critical distinction between robbery and grave coercion, with intent being the determining factor. The Supreme Court applied Rule 120 regarding variance between the offense charged and proved, highlighting important procedural principles in criminal law.