SC upholds conviction of Manila cops for robbery

MANILA, Philippines — The Supreme Court (SC) has affirmed the conviction of two police officers from Manila who were found guilty of robbery by extortion.

Former Police Officer 2 Ireneo Sosas Jr. and Senior Police Officer 3 Ariel Salvador will then face up to eight years of imprisonment. 

“Law enforcement officers who abuse their authority to intimidate persons under their custody for money are guilty of robbery by extortion,” the SC said.

The high court denied the petitions  Sosas and Salvador challenging the decision and the resolutions of the lower courts convicting them of robbery. 

The information for robbery against Sosas and Salvador was first filed by the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices following a complaint from Janith Arbuez. 

Arbuez, a salesperson at a cellphone shop in Isetann Mall, Manila, alleged that respondent cop Sosas escorted her from the store to the mall’s administrative office to report her sale of stolen items. 

According to the complaint filed before the Ombudsman, Sosas then brought Arbuez to the police station where she was led to a room with fellow cop, Salvador. Sosas subsequently suggested that Arbuez would not face any criminal charges for violating the Anti-Fencing Law if she provided the officers cash amounting to P20,000.

The complaintant Arbuez said she negotiated for a lower amount. However, Sosas said he would only agree if they will engage in a romantic relationship.

Arbuez later declined and contacted her sister-in-law to deliver the money requested by the cop to the police station.

Arbuez was released the following day after Sosas received the funds from her sister-in-law. She was in police custody for almost 18 hours.

Sosas assured the complainant that no further complaint would be lodged against her.

Petitions filed

Salvador previously submitted a Motion to Dismiss the Charge to the Ombudsman. He asserted that the associated administrative case against him had been dismissed due to insufficient evidence. Sosas, on the other hand, underwent arraignment and entered a plea of not guilty to the charge.

The motion was later rejected and Salvador underwent arraignment where he pleaded not guilty.

In August 2016, the two Manila cops were found guilty of robbery under Article 293 of the Revised Penal Code, a decision which has also been affirmed by the Court of Appeals (CA) in April 2019.

Both Sosa and Salvador also filed motions for reconsideration in the CA in September 2019 but these were also denied.

This prompted them to file a consolidated petition for certiorari before the SC asking the magistrates to review the decisions of the lower courts. 

The high tribunal denied their petitions and affirmed the rulings of the RTC and CA.

“The prosecution sufficiently established the agreement between petitioners to extort money from Arbuez; it does not matter if petitioner SPO3 Salvador did not expressly demand the money from Arbuez. Thus, this Court finds no error in convicting petitioners of robbery by extortion,” the SC said in an April 2023 resolution.

In denying the petitions, the SC said that the elements for conviction of robbery by extortion had been proved.

The following elements were cited: (1) there is personal property belonging to another; (2) there is unlawful taking of that property; (3) the taking is with intent to gain; and (4) there is violence against or intimidation of persons.

The SC also ordered the police officers to pay Arbuez P20,000 as actual damages, with a legal interest of 12% per annum from Nov. 9, 2010 until June 30, 2013 and 6% interest per annum from July 1, 2013 until fully paid.