Case Summary (G.R. No. 248682)
Respondent
People of the Philippines
Key Dates
- September 20, 2013: Entrapment operation and alleged extortion
- June 2, 2017: Trial court judgment
- December 12, 2018: Court of Appeals decision
- July 30, 2019: CA resolution denying reconsideration
- October 6, 2021: Supreme Court decision
Applicable Law
- 1987 Philippine Constitution (due process, right to be informed of charges)
- Revised Penal Code:
• Simple Robbery (Articles 293 & 294[5])
• Direct Bribery (Article 210) - Rules of Court, Rule 120, Sections 4–5 (variance between charged and proved offense)
Factual Background
PNP intelligence received reports that MMDA traffic aides were extorting motorists. An entrapment was staged: SPO1 Cardines deliberately swerved his vehicle, was flagged down by Remolano, and handed him two marked ₱100 bills in exchange for not issuing a ticket. Remolano was immediately arrested; marked-money residue was found on his hands.
Trial Court Ruling
The Regional Trial Court convicted Remolano of simple robbery for:
- Unlawfully taking ₱200 from the complainant.
- Using intimidation (“Sige, pagbibigyan kita pero bahala ka na… kahit magkano lang”) to induce payment.
Co-accused Tamor was acquitted for reasonable doubt.
Court of Appeals Ruling
The Court of Appeals:
- Found intimidation absent in a police-planned entrapment involving an undercover officer.
- Held that the elements proven corresponded to Direct Bribery, not robbery.
- Modified the conviction to Direct Bribery (RPC Art. 210) and imposed imprisonment and fine.
Issue
Whether converting the conviction from robbery to direct bribery violated petitioner’s constitutional rights to be informed of the nature and cause of the accusation and to due process.
Supreme Court Ruling
The Supreme Court granted the petition, holding that:
- The Information charged robbery by intimidation; it did not allege a voluntary offer, agreement, or gift necessary for direct bribery.
- Robbery and direct bribery are distinct offenses; neither includes the other.
- Convict
Case Syllabus (G.R. No. 248682)
Facts
- Silverio Remolano y Caluscusan and Rolando Tamor y Urbano were MMDA Traffic Aide III assigned at EDSA corner New York Street, Cubao, Quezon City.
- An entrapment operation was conducted on September 20, 2013: SPO1 Nomer V. Cardines, acting as a civilian motorist, deliberately committed a swerving violation and carried two marked ₱100 bills.
- Remolano flagged down Cardines, confiscated his license, and demanded payment “in exchange for non-issuance of a traffic violation receipt.” Cardines handed over ₱200 in marked money.
- Law enforcement officers immediately arrested Remolano and Tamor; ultraviolet powder from the marked bills was detected on Remolano’s hands.
Procedural History
- Information (September 23, 2013): Charged both accused with robbery (extortion) under Articles 293 and 294(5) of the Revised Penal Code.
- RTC Branch 226, Quezon City (Judgment June 2, 2017): Convicted Remolano of simple robbery; acquitted Tamor for reasonable doubt. Sentence: 4 months–1 day to 5 years imprisonment.
- Court of Appeals (Decision December 12, 2018; Resolution July 30, 2019): Found absence of intimidation—essential element of robbery—and modified conviction to dir