Title
Ablaza y Caparas vs. People
Case
G.R. No. 217722
Decision Date
Sep 26, 2018
Rosario Snyder’s necklaces were snatched by motorcycle riders in Olongapo City. Identified by photos, Jomar Ablaza and Jay Lauzon were convicted; Supreme Court reclassified the crime as theft, not robbery, due to lack of violence evidence.
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Case Digest (G.R. No. 217722)

Facts:

Incident Details: On July 29, 2010, Rosario S. Snyder was walking along Jolo Street, Barangay Barreto, Olongapo City, when a motorcycle with two men on board stopped beside her. The backrider grabbed her three necklaces worth a total of Php 70,100.00. The men then sped away after Snyder shouted for help, and a tricycle driver failed to catch them. Snyder reported the incident to the police.

Identification of Accused: At the police station, Snyder identified Jomar Ablaza y Caparas (petitioner) as the driver of the motorcycle from photographs. She also identified Jay Lauzon y Farrales (co-accused) as the backrider. Both were later found at Ablaza’s house, where Lauzon was hiding under the kitchen sink.

Defense’s Claim: Ablaza claimed he was asleep at home during the incident and denied involvement. He argued that Snyder could not have accurately identified him because she was looking for a “tisoy” with a tattoo, which he was not.

Issue:

  1. Whether the guilt of petitioner Jomar Ablaza y Caparas was proven beyond reasonable doubt.
  2. Whether the crime committed was robbery or theft.

Ruling:

The Supreme Court partially granted the petition. While the Court upheld the credibility of Snyder’s testimony and maintained that Ablaza was guilty, it modified the crime from robbery to theft. The Court found that the prosecution failed to sufficiently prove that violence or intimidation was used in taking Snyder’s necklaces, which are essential elements of robbery.

Ratio:

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