CA affirms man’s conviction in robbery charges

CEBU, Philippines - Finding no evidence to change the ruling of  the lower court, the Court of Appeals (CA) affirmed the conviction of a man found guilty of stealing  appliances from his brother-in-law.

Associate Justice Ma. Luisa Quijano-Padilla said Ronnie Ronnel Maristela failed to prove his claim that the appliances he took were his. Because of this failure, the “presumption” that he has intent to gain exists.

“We find that accused-appellant dismally failed to discharge the duty of proving the veracity of his claim that he merely took the things he own which rightfully belong to him. It is worthy to note that he was not able to adduce even an iota of evidence which backs up said claim,” the decision reads.

In 2006, the Regional Trial Court sentenced Maristela to up to nine years in jail and ordered him to pay his brother-in-law Oliver Gil Rodrigo P50,000.

Rodrigo had alleged that around 7 p.m. on May 28, 2002, Maristela forcibly took away a television set; an electric fan; a VHS player; two wrist watches; P25,000 cash; and a Pioneer computer – all amounting to P155,000.

Maristela, however, denied the allegations and insisted he owned the appliances he took from Rodrigo’s house.

He said he was at his rented room on May 22, 2002 when Rodrigo arrived with a rented panel truck and allegedly took his appliances away to his house in Barangay Lawaan I, Talisay City, Cebu.

He reportedly asked his sister, Rodrigo’s wife, why her husband took his things away and his sister reportedly told him that it was better to “confiscate” his things so he would not be tempted to sell them, as he was still under the influence of drugs.

However, because he reportedly owned the appliances, he took them from Maristela’s house and left immediately so he would not be caught. And because he owned the items, what he did could not be considered robbery, he said.

But the court said Maristela failed to prove his contention.   (FREEMAN)