Lozano v. People
This is a criminal case, entitled "Mareben Gumajob Lozano vs. People of the Philippines" (G.R. No. 257743, February 14, 2022). The Supreme Court affirmed the decision of the Court of Appeals finding the petitioner guilty of robbery with violence against or intimidation of persons, as defined in Article 294 (5) of the Revised Penal Code. The elements of robbery were present in this case, as the prosecution established that the petitioner unlawfully took the victim's cellphone by grabbing it and punching the victim to ensure the success of his act. The Supreme Court found no reason to reverse the findings of the court a quo and the CA, as there was no showing that they overlooked, misunderstood, or misapplied the facts of the case. Thus, the Court upheld the penalty of imprisonment for an indeterminate period of four (4) months and one (1) day of arresto mayor as minimum, to six (6) years, one (1) month, and eleven (11) days of prision mayor as maximum, and ordered the petitioner to pay the victim, Lord Elwyn Cordova, the amount of P17,890.00 by way of restitution.
ADVERTISEMENT
SECOND DIVISION
[G.R. No. 257743. February 14, 2022.]
MAREBEN GUMAJOB LOZANO, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated14 February 2022which reads as follows:
"G.R. No. 257743 (Mareben Gumajob Lozano v. People of the Philippines). — After a judicious review of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the Decision 2 and the Resolution 3 dated October 16, 2020 and May 26, 2021, respectively, of the Court of Appeals (CA) in CA-G.R. CR No. 01637-MIN declaring petitioner Mareben Gumajob Lozano (petitioner) guilty of the crime of Robbery with Violence Against or Intimidation of Persons, as defined and penalized under Article 294 (5) of the Revised Penal Code. 4
Case law instructs that the elements of robbery are as follows: (a) there is a taking of personal property; (b) the personal property belongs to another; (c) the taking is with animus lucrandi; and (d) the taking is with violence against or intimidation of persons or with force upon things. 5
As correctly ruled by the court a quo and the CA, all the elements of Robbery are present in this case, considering that the prosecution has sufficiently established that petitioner indeed unlawfully took Lord Elwyn Cordova's cellphone worth P17,890.00 by grabbing it and punching the latter in order to ensure the success of his act. 6 Hence, the Court finds no reason to overturn the findings of the court a quo, as affirmed by the CA, as there was no showing that they overlooked, misunderstood, or misapplied the surrounding facts and circumstances of the case. 7
In view of the foregoing, the Court finds petitioner Mareben Gumajob Lozano GUILTY beyond reasonable doubt of the crime of Robbery with Violence Against or Intimidation of Persons, as defined and penalized under Article 294 (5) of the Revised Penal Code. Accordingly, he is sentenced to suffer the penalty of imprisonment for an indeterminate period of four (4) months and one (1) day of arresto mayor, as minimum, to six (6) years, one (1) month, and eleven (11) days of prision mayor, as maximum, and to pay the victim, Lord Elwyn Cordova, the amount of P17,890.00 by way of restitution. 8
SO ORDERED."
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1. See Petition for Review on Certiorari dated August 18, 2021; rollo, pp. 14-40.
2.Id. at pp. 45-57. Penned by Associate Justice Lily V. Biton with Associate Justices Oscar V. Badelles and Richard D. Mordeno, concurring.
3.Id. at 69-71.
4. Entitled 'AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS,' approved on December 8, 1930.
5. See Ablaza v. People, G.R. No. 217722, September 26, 2018, citing Consulta v. People, 598 Phil. 464, 471 (2009).
6.Rollo, pp. 46-47.
7. See People v. Estonilo, G.R. No. 248694, October 14, 2020, citing People v. Naciongayo, G.R. No. 243897, June 8, 2020.
8. See Eduarte v. People, 603 Phil. 504, 520 (2009).
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