People vs. Romobio (2017)

PEOPLE OF THE PHILIPPINES vs. HERMIN ROMOBIO

G.R. No. 227705, October 11, 2017 

PERALTA, J.:

Facts: Accused-appellant Hermin Romobio was charged with robbery with rape in an Information which alleges that accused, armed with a deadly weapon feloniously and with the use of violence against or intimidation of persons, take, steal and carry away three cell phones (Samsung E200, Nokia 2660, and another Nokia); Four (4) pcs. gold ring; three (3) wristwatches (2 lady and 1 men); three (3) gold necklaces, cash money of ₱4,000.00, bags, wallet, perfumes, lotions, yellow jacket, BDO and RCBC ATM cards, or a total of ₱120,000.00, belonging to and owned the complaining witness AAA and that by reason or on occasion of said robbery, tied, boxed complainant on the different parts of her body causing physical injuries and with the use of a bladed weapon, feloniously thru force and violence, by poking a knife succeeded in having sexual intercourse with the said complaining witness against her will as evidenced by medical certificate, to her damage and prejudice.

On August 14, 2013, Hermin was convicted by the RTC of the crime charged. On appeal, one of the arguments raised by the accused was that AAA neither adduced a single receipt to prove the value of the items allegedly stolen nor stated the particular value of each and every item that was said to be taken.

Issue: Whether or not accused-appellant is obliged to return the items stolen and, if not possible, to make reparation for their value.

Ruling: Yes, the accused is obliged to return or to make reparation. Under Article 105 of the RPC, Hermin is obliged to return to AAA the personal properties. Consistent with Article 106 of the RPC, if the accused-appellant can no longer return the things stolen, he is obliged to make reparation for their value.

However, the Court was constrained to agree with Hermin that private complainant neither stated the particular value of each and every item that was said to be taken nor adduced a single receipt to prove the value of the items. The trial court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value.

Ratio Decidendi: Every person criminally liable shall be civilly liable (Article 100 of RPC).

Gist: This is an appeal Decision of the Court of Appeals, which affirmed with modification the Decision of the Regional Trial Court finding accused-appellant Hermin Romobio guilty beyond reasonable doubt of robbery with rape.