Case Digest (G.R. No. 114032)
Facts:
Rommel C. Briones v. People of the Philippines, G.R. No. 156009, June 05, 2009, the Supreme Court Second Division, Brion, J., writing for the Court. Petitioner Rommel C. Briones (Briones) was charged in the Regional Trial Court (RTC), Paranaque City, Branch 257, with robbery under a criminal information filed January 8, 1998 (Crim. Case No. 98-23); the information alleged that on January 6, 1998 Briones, with intent to gain and by means of force, violence and intimidation, divested security guard Dabbin Molina of a .38 cal. revolver. Briones pleaded not guilty with the assistance of counsel de parte.The factual core is that on the night of January 6, 1998 S/G Molina and fellow guard George Gual were at the northwest gate of BF Homes Northwest, Paranaque when they observed a mauling involving Romulo Bersamina and four others; two of the assailants were later identified as Briones and his brother Vicente. S/G Gual testified that he saw Briones grab S/G Molina’s firearm and run away; the firearm was not recovered at trial. Briones denied participation and claimed he was at home.
The RTC (Judge Rolando G. How) convicted Briones of simple theft under Article 309(3) of the Revised Penal Code, finding violence and intimidation not proven and crediting S/G Gual’s testimony as showing only a grabbing of the firearm. On appeal, the Court of Appeals (CA) (Enriquez, J., penned) reversed in part and found Briones guilty of robbery under Article 293 in relation to paragraph 5, Article 294, concluding that force or intimidation attended the taking; the CA affirmed culpability and denied Briones’ omnibus motion for reconsideration, new trial and to dismiss. Briones file...(Pro-only)
Issues:
- Whether there are factual and legal bases to support Briones’ conviction for robbery.
- Whether a new trial is justified on the basis of newly discovered evidence and alleged incompetence of pri...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)