Thievery or robbery?

Is the snatching of a shoulder bag robbery or theft? If death occurs subsequent to the snatching even by mere accident will the snatcher be also guilty of homicide? These are the issues in this case of Conrado.

The incident in this case happened late in the morning about 11 a.m. at the corner of two busy streets in a Quezon City Barangay which happened to be deserted at that time. Walking along the corner on the way to work was a young lady named Josie with brown Avon bag and a black strap placed on her left shoulder. Then two men riding in tandem on a black Suzuki motorcycle came from behind her and the man at the back snatched her brown Avon bag containing her wrist watch, earring, brochure, bracelet and wallet all valued at P3,000.

As the motorcycle sped away, the snatcher even raised and waved the bag that he snatched from Josie who was unable to do anything but cry and look at the snatcher. In the process she was able to recognize him. Meanwhile a taxi driver driving within the vicinity by the name of Enteng witnessed the snatcher waving the bag at Josie. So he kept on blowing his horn and gave chase to the speeding motorcycle. Eventually, the motorcycle driver lost control and crashed in front of the taxi driven by Enteng sending the two occupants to the pavement. Enteng immediately alighted from the taxi to arrest the snatchers. At that point in time the policemen from a nearby station arrived and seeing that the snatchers were badly injured brought them to the nearest hospital where the motorcycle driver expired.

Later on Josie went to the hospital and pointed to the snatcher of her bag who identified himself as Conrado while his companion who died was identified as Dado. After due investigation a criminal case of robbery with homicide was filed against Conrado for willfully, unlawfully and feloniously robbing Josie of her bag by means of violence and intimidation conspiring and confederating with Dado, and that as a result of said robbery, Dado died due to a vehicular accident.

At the trial Josie and Enteng the taxi driver testified and confirmed the foregoing events that transpired. For his part Conrado denied participation in the snatching incident and told the court that while he and Dado were riding in their motorcycle, there was a taxi chasing another motorcycle which bumped their motorcycle resulting in the severe injury to Dado who eventually died.

The Regional Trial Court (RTC) declared Conrado guilty beyond reasonable doubt of the crime of robbery with homicide and sentenced him to suffer the penalty of Reclusion Perpetua and to reimburse Josie, P3,000 representing the value of the items taken from her. The Court of Appeals (CA) affirmed the conviction of Conrado holding that for as long as homicide resulted during or because of the robbery even if it was by mere accident, robbery with homicide was committed.

But the Supreme Court (SC) set aside this decision and ruled that Conrado is only guilty of theft aggravated by the use of motor vehicle. So it sentenced Conrado to imprisonment of six months minimum to four years and two months maximum.

The SC ruled that robbery is committed by taking any personal property belonging to another with intent to gain and with violence against or intimidation of the victim, or using force upon things. Robbery with homicide occurs when, by reason or on occasion of the robbery, the crime of homicide shall have been committed. Theft on the other hand is committed by taking the personal property of another with intent to gain without the latter’s consent and without violence against or intimidation of persons nor force upon things.

In this case, the prosecution failed to establish that Conrado used violence, intimidation or force in snatching Josie’s shoulder bag. And since Conrado, as passenger in the motorcycle, did not perform or execute any act that caused the death of Dado, he cannot also be held liable of homicide. So Conrado is only guilty of theft and not robbery with homicide (People vs. Concepcion, G.R. 200922, July 18, 2012).

Email: attyjosesison@ gmail. com ★