- Petitioner
- Jomar Ablaza y Caparas
- Respondent
- People
- Citation
- G.R. No. 217722
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Del Castillo, J.
- Decided
- September 26, 2018
Whether the taking of victim's necklaces constituted robbery with violence/intimidation or simple theft
Summary
Petitioner Jomar Ablaza was charged with robbery for allegedly taking victim's necklaces worth P70,100.00 while riding as motorcycle driver with co-accused as backrider. The RTC and CA convicted him of robbery with violence/intimidation under Article 294(5) of the RPC based on victim's credible identification testimony. However, the Supreme Court partially granted the petition, finding that while the victim's identification was credible, the prosecution failed to prove violence or intimidation was used in taking the necklaces. The Court distinguished the case from typical robbery, noting the victim testified the necklaces were 'grabbed' suddenly without any violence, pushing, harm, or resulting injuries. Following People v. Concepcion precedent, the Court modified the conviction from robbery to simple theft, emphasizing that mere 'grabbing' without violence constitutes theft rather than robbery. The penalty was reduced to an indeterminate sentence under the theft provisions of the RPC.