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Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Makati City



Ethel Santos y Marasigan,
Complainant,

-versus-

Randy Padilla y Habadan,
Respondent.
x------------------------------------------------x
NPS No. XV-05-INV-09G-02113/JBV

For: Robbery (Article 293 RPC)



RESOLUTION


This resolves the complaint for Robbery under Article 293 of the Revised Penal
Code, as amended, filed by Ethel Santos y Marasigan against Randy Padilla y
Habadan.

On July 20, 2009 at around eight-thirty in the evening, complainant is waiting for
a bus in EDSA, Guadalupe, near the Loyola Memorial Chapel. Respondent and his
companion position themselves behind the complainant, draw a knife and pointed it at
the back of the complainant and declared hold-up. Respondent and his companion then
grab the bag of the complainant which contains her cellphone, wallet, and other
personal effect. Complainant tussled with the respondent and in the process she saw
the face of the respondent. Respondent and his companion are able to get the bag of
the complainant and they run towards the gate of Laperal Compound. Complainant
asked the help of a traffic enforcer who gave chase to the respondent and his
companion but the latter were able to escape. Thereafter, complainant went to the
nearest police station and reported the incident.

After a careful study of the facts of the case, the undersigned finds that there is a
probable cause to indict the respondent for Robbery under Article 293 of the Revised
Penal Code, as amended. The elements of Robbery are that there be a personal
property belonging to another, that there is unlawful taking of that property, that the
taking is with intent to gain, and that there is violence against or intimidation of any
person, or force upon thing. In this case, the personal property are the cellphone, wallet,
and personal effects of the complainant. The way of taking is unlawful and by means of
violence by pointing of the knife to the complainant. There is intent to gain on the part of
the respondent.

WHEREFORE, it is respectfully recommended that respondent Randy Padilla y
Habadan be indicted to the felony of Robbery under Article 293 of the Revised Penal
Code, as amended.

Makati City, September 21, 2009.


Israel A. Damasco
Prosecutor