PEOPLE OF THE PHILIPPINES vs.

CESAR CONCEPCION y BULANIO

G.R. No. 200922, July 18, 2012

FACTS: A criminal case was filed against the accused for the crime of robbery with
homicide under Article 294 of the Revised Penal Code.

25th day of May 2004, in Quezon City, the accused, conspiring together, confederating
with his co-accused ROSENDO OGARDO, JR. Y VILLEGAS rob one JENNIFER
ACAMPADO Y QUIMPO while complainant was walking along Panay Avenue corner Timog
Avenue, accused suddenly appeared from behind riding in a Suzuki motorcycle with Plate no.
RG-7037 and forcibly took, robbed and carried away complainant’s shoulder bag containing
wrist watch, earring, brochure, bracelet and wallet all valued at P3,000.00, Philippine Currency,
which was witnessed by JOEMAR E FELIPE while driving his taxi and that on the occasion of
the witness chasing robbers , accused ROSENDO OGARDO, JR. Y VILLEGAS lost control and
crashed in front of the witness’ taxi which caused both OGARDO AND VILLEGAS’ death.
CESAR CONCEPCION y BULANIO denied to be part of the robbery but RTC found him guilty
beyond reasonable doubt the crime of robbery with homicide and sentenced him to suffer the
penalty of reclusion perpetua (12 yrs. and 1 day to 20 yrs.) which was affirmed by the CA.

ISSUE: Did the court err in convicting the accused-appellant for robbery with homicide?

HELD: Yes, the court erred in convicting the accused-appellant for robbery with
homicide.

By definition in the RPC, robbery can be committed in three ways, by using: (a) violence
against any person; (b) intimidation of any person; and/or (c) force upon anything.

The Court held that the prosecution failed to establish that Concepcion used violence,
intimidation or force which is one of the elements of robbery in snatching Acampado’s shoulder
bag. Acampado herself merely testified that Concepcion snatched her shoulder bag which was
hanging on her left shoulder. Acampado did not say that Concepcion used violence, intimidation
or force in snatching her shoulder bag. Given the facts Concepcion’s snatching of Acampado’s
shoulder bag constitutes the crime of theft aggravated by his use of motorcycle in committing the
crime, not robbery. Concepcion shall face the punishment of Prision Correctional on its medium
period.