- Petitioner
- Edwin del Rosario
- Respondent
- People
- Citation
- G.R. No. 235739
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Caguioa, J.
- 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.