People v.

Cesar Concepcion
G.R. No. 200922 / 18 July 2012
Carpio, J. / kmd
Topic: Crimes against property; robbery in general
Summary:
In this case, Concepcion, while riding in a motorcycle driven by Ogardo, snatched the bag of Acampado without
the use of violence, intimidation nor force. This incident was witnessed by a taxi driver (Felipe) who chased Concepcion
and Ogardo. While driving fast, Ogardo lost control and fell in front of Felipe’s taxi which killed Ogardo. Concepcion was
convicted of robbery with homicide. CA affirmed RTC. But SC set aside RTC ruling and found that Concepcion is guilty
only of theft for not employing violence, intimidation, or force. It also held that Concepcion couldn’t be liable for Ogardo’s
death because he did not perform any act that caused the death of Ogardo.
Doctrine:
Robbery Theft
Art. 293, RPC – committed by any person who: Art. 293, RPC – committed by any person who:
Elements: Elements:
a. with intent to gain a. with intent to gain
b. shall take any personal property belonging to b. but without violence against or intimidation of
another persons, nor force upon things
c. by means of: c. shall take the personal property of another
-violence against or d. without the latter’s consent
-intimidation of any person or
-using force upon anything. penalty for theft – prision correctional in its minimum
and medium periods, if value of the the stolen thing is
Art 249, RPC – any person who shall kill another shall P200 < value < P6,000 (does not exceed 6k).
be deemed guilty of homicide.
Homicide, as used in robbery with homicide, is to be
understood in its generic sense to include parricide and
murder.

Penalty for robbery with homicide – reclusion perpetua

to death
*When accused has not done anything that caused the
death of the person – he is not liable for homicide.
Facts:
 Criminal case was filed
 against Cesar Concepcion for the crime of robbery with homicide under Article 294 of the
Revised Penal Code (RPC).
o May 25, 2004 11:00 a.m. Jennifer Acampado (complainant) was at the corner of Mother Ignacia Street,
Quezon City corner Panay ave, when Cesar Concepcion while riding at the back of the driver of a
motorcycle snatched her brown Avon she was carrying on her left shoulder. The black motorcycle with
white covering at the back side and with plate number which is not visible to the eye, came from behind
her. As the motorcycle sped away, the accused even raised and waved the bag that he snatched from
Jennifer who was unable to do anything but just cry and look at the snatcher so much so that she
recognized him in the process.
 Witness Joemar de Felipe was driving his R & E Taxi saw the snatching incident. As the accused was waving the
bag at Jennifer, he blew his horn. Ogardo (driver of motorcylce) drove faster so de Felipe chase them and kept on
blowing his horn. Eventually, Ogardo lost control of the motorcycle and it crashed in front of his taxi, sending its
two occupants to the pavement. Some policemen from the Kamuning Police Station 10, EDSA, Kamuning,
Quezon City, arrived and brought the badly injured snatchers to the East Avenue Medical Center, Quezon City
where Ogardo later died.
 Defense:
o He denies participation in the snatching incident and contends that at around 11:00 a.m. of May 25, 2004,
he and his companion, Rosendo Ogardo, were riding in a motorcycle when suddenly there was this taxi
chasing by another motorcycle. The taxi bumped their motorcycles and Rosendo was thrown to the
gutter. The police brought them to the East Avenue Medical Center where Rosendo died. He was then
brought to the police station where a woman pointed to him as snatcher.
 RTC declared Concepcion GBRD of the crime of robbery with homicide; sentenced to reclusion perpetua.
 o All element of robbery were duly proven. Concepcion was positively identified by victim Acampado and
witness Felipe.
 CA affirmed RTC in toto.
o CA held that as long as the homicide resulted during, or because of the robbery, even if the killing was by
mere accident, robbery with homicide was committed. It is immaterial that death supervened by mere
accident or that the victim of homicide was a person other than the victim of robbery or that two or more
persons were killed. What is essential is that there is a direct relation or intimate connection between the
robbery and the killing, whether the latter be prior or subsequent to the former or whether both crimes be
committed at the same time.
Issues:
1. WON the court a quo erred in giving weight and credence to the highly inconsistent testimonies of the prosecution
witnesses. NO
2. WON the court a quo gravely erred in convicting the accused of robbery with homicide and not simple theft. YES
Holding:
1. The SC found not compelling reason to disturb the factual findings of RTC, as affirmed by CA. It reiterated the
general principle of law that factual findings of trial court are not disturbed on appeal unless the court a quo
overlooked, misunderstood, misinterpreted certain facts which would have materially affected the outcome of the
case.
N.B the inconsistencies are as follows:
Felipe testified that the incident happened on May 26, Information states that the crime was committed on
2004 May 25, 2004.
Acampado testified that Concepcion was on board the Felipe testified that Concepcion alighted from the
motorcycle, sitting at the back of Ogardo when motorcycle and took forcibly Acampado’s bag.
Concepcion snatched Acampado’s bag.
On direct examination, Felipe claimed that the On cross examination, Felipe admitted that his taxi
motorcycle slid and Ogardo and Concepcion fell on the bumped the motorcycle causing Concepcion and
street Ogardo to be thrown off the motorcycle.
2. Concepcion should be convicted of simple theft only and not robbery with homicide.
Robbery Theft
Art. 293, RPC – committed by any person who: Art. 293, RPC – committed by any person who:
Elements: Elements:
d. with intent to gain e. with intent to gain
e. shall take any personal property belonging to f. but without violence against or intimidation of
another persons, nor force upon things
f. by means of: g. shall take the personal property of another
-violence against or h. without the latter’s consent
-intimidation of any person or
-using force upon anything. Penalty for theft – prision correctional in its minimum
Art 249, RPC – any person who shall kill another shall and medium periods, if value of the the stolen thing is
be deemed guilty of homicide. P200 < value < P6,000 (does not exceed 6k).
Homicide, as used in robbery with homicide, is to be
understood in its generic sense to include parricide and
murder.
*Penalty for robbery with homicide – reclusion perpetua
to death
The court prosecution failed to establish that Concepcion used violence, intimidation, or force in snatching the
shoulder bag, nor did Acampado say that Concepcion used violence, intimidation, or violence in snatching her
bag. Therefore, Concepcion’s crime should be theft and not robbery. Appreciating the generic aggravating
circumstance that is the use of motor vehicle, the penalty for theft should be imposed in its maximum period. No
mitigating circumstance.
On the death of Ogardo: Concepcion cannot be held liable for homicide because Concepcion, as a passenger,
did not perform or execute any act that caused the death of Ogardo. Oragrdo died when he lost control of the
motorcycle and crashed in front of Felipe’s taxi.

Cesar Concepcion GBRD of theft, with 1 generic aggravating circumstance and applying IS Law, is sentence to
arresto mayor in its maximum period to prision correccional in its medium period.