Court convicts robbery suspect

CEBU, Philippines – The Regional Trial Court convicted a robbery suspect of the crime of theft after the prosecution failed to prove that there was intimidation, one element for the crime of robbery, when the accused carted away the belongings of the complainant.

Branch 58 presiding judge Gabriel Ingles, in his November 19, 2010 decision, stated that complainant Marivic Redondo, 25, declared that when accused Elizaldy Villarin took her celphone and necklace, the knife carried by the accused was not pointed at her to intimidate her.

"The fact that she felt intimidated is understandable by the mauling of her brother that she witnesses, but it cannot be also appreciated as an element of the offense," the judge ruled.

Villarin was charged for the crime of robbery in 2009 for forcibly opening the door of Redondo's house in Casas, Lower Nivel Hills, Lahug, Cebu City and took away her cellular phone and silver necklace. He pleaded not guilty of the crime charged during his arraignment.

During the trial, Redondo testified that in the morning of July 4, 2009, Villarin was chasing her brother, Ryan and the accused forced open and damaged the door of her house and gained entrance.

Villarin, while inside the house, tried stabbing Ryan with a knife in front of Redondo. Ryan jumped out in the window while a neighbor assisted him and hit the accused with a chair.

But Villarin then returned to the house with a knife while searching for Ryan. But when he did not find him, the accused instead picked up the cellular phone and the necklace of Redondo.

Villarin was arrested in the night on the same day that led to the recovery of the cellular phone except the necklace.

But Villarin testified in court, he denied the crime charged and denied taking away the complainant's phone and necklace.

However, inspite of his denial, the court gave more credence to the testimony of the complainants as well as the testimonies of other witnesses for the prosecution that the necklace and the phone possessed by the complainant were taken by the accused without her consent. (FREEMAN)