RAMON PABLO y BACUNGAN, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.

FACTS:

The petitioner and the two accused conspiring together unlawfully with intent to gain and
by means of threat and intimidation to Diosdada the sum of 5000 and threathened to file
charges against her brother Mario if she refuse to give. The accused pleaded not guilty
during arraignment.

While waiting for a ride home 3 policeman stopped in front on them. One of them took
Mario’s belt and told them that he’s carrying a deadly weapon. They were taken to board
the police car to which diosdada as well followed. Before they reach the station they were
told that the bailbond is 12000 . Mario and diosdada only have 5000. The driver took 1500
and told diosdada to tell his companions that she only have 3500, aside from that she was
also asked any pawnable jewelries.

The next day diosdada shared her story to her employer who accompanied her to to file a
complaint.When they went to the police station they recognized one of them who was PO2
fortuna and PO2 Garcia. Then the following day they met PO3Pablo. After the hearing the
trial court found them guilty of robbery. The CA affirmed with the TC findings.

The petitioner argues that robbery may only be considered if the person arrested has not
committed a crime.

ISSUES:
Whether or not the crime committed is aggravated by the Abuse of Public Position of the
accused.

RULING:
Aggravating Circumstances; Abuse of Public Position; The aggravating circumstance of abuse
of public position should be appreciated where the accused were all police officers at the
time of the commission of the robbery.— The mere fact that the three (3) accused were all
police officers at the time of the robbery placed them in a position to perpetrate the
offense. If they were not police officers they could not have terrified the Montecillos into
boarding the mobile patrol car and forced them to hand over their money. Precisely it was
on account of their authority that the Montecillos believed that Mario had in fact
committed a crime and would be brought to the police station for investigation unless they
gave them what they demanded.