October 2009 - Philippine Supreme Court Resolutions
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[G.R. No. 189464 : October 19, 2009] ALLAN ALDEN Y ROSALES (ALEJANDRO ALDEN Y LACANDULA) AND RODEL TAGUINOD Y ABNER, PETITIONERS, V. PEOPLE OF THE PHILIPPINES, RESPONDENT. :
[G.R. No. 189464 : October 19, 2009]
ALLAN ALDEN Y ROSALES (ALEJANDRO ALDEN Y LACANDULA) AND RODEL TAGUINOD Y ABNER, PETITIONERS, V. PEOPLE OF THE PHILIPPINES, RESPONDENT.
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 19 October 2009:
G.R. No. 189464 Allan Alden y Rosales (Alejandro Alden y Lacandula) and Rodel Taguinod y Abner, Petitioners, v. People of the Philippines, Respondent.
Allan Alden (Allan) and Rodel Taguinod (Rodel), petitioners, were charged for theft before the Regional Trial Court of Naga City, committed as follows:
Rowena Gomez (Rowena), private complainant, gave the following account of the incident:
Around 9:30 o'clock in the evening of June 11, 2006, while Rowena and her cousins, Cherry Pi�era (Cherry) and Lourdes Ros, were inside Gallarte Compound in Liboton St., Naga City, Allan suddenly grabbed Rowena's Nokia 6600 cellphone and immediately fled, boarded a motorcycle driven by Rodel. Rowena and Cherry pursued via motorcycle the two who bumped a fried-chicken stall near People's Mart.
Rowena at once shouted that the two men are snatchers, prompting the bystanders to maul them. When asked by PO1 Joker Albao who had, in the meantime, arrived at the place, where the cellphone was, Allan replied that it slipped from his hand while he was being mauled.
Rowena's testimony was corroborated by Cherry and PO1 Albao.
Allan and Rodel denied the charge and gave a different version:
In the afternoon of the date of the incident, Allan stepped out of the house of his parents-in-law in Triangulo, Naga City to buy cigarette and saw Rodel with whom he had soon a drinking spree at said house until 9:00 o'clock in the evening. They thereafter boarded a motorcycle driven by Rodel on their way to Caiauag to attend a pre-nuptial celebration. Upon approaching the crossing of Liboton St. and Jacob Extension, a "trimobile" suddenly emerged and cut their path, causing Rodel to lose control of the motorcycle and bump the fried-chicken stall, following which they were mauled.
The trial court, finding for the prosecution, adjudged petitioners guilty as charged, disposing as follows:
On appeal by Allan and Rodel, the Court of Appeals, by Decision[3] of March 13, 2009, affirmed the trial court's factual findings but modified the penalty, thus:
Their motion for reconsideration having been denied, Allan and Rodel filed the present Petition for Review on Certiorari, faulting the appellate court for affirming their guilty verdict despite absence of proof beyond reasonable doubt.[5]
The Court finds that petitioners failed to substantiate its appeal to compel a reversal or modification of the challenged decision of the appellate court.
Accordingly, the petition is DISMISSED.
WITNESS the Honorable Leonardo A. Quisumbing, Chairperson, Honorable Antonio T. Carpio (designated additional member per S.O. No. 757 in lieu of Del Castillo, J., on leave), Conchita Carpio Morales, Arturo D. Brion and Roberto A. Abad, Members, Second Division, this 19th day of October, 2009.
G.R. No. 189464 Allan Alden y Rosales (Alejandro Alden y Lacandula) and Rodel Taguinod y Abner, Petitioners, v. People of the Philippines, Respondent.
Allan Alden (Allan) and Rodel Taguinod (Rodel), petitioners, were charged for theft before the Regional Trial Court of Naga City, committed as follows:
That on or about June 11, 2006, in the City of Naga, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and mutually helping each other with intent of gain did then and there, willfully, unlawfully and feloniously take, steal and carry away the cellphone TM-Nokia 6600, worth P15,000.00, belonging to and owned by the herein complaining witness, ROWENA GOMEZ y DE LUNA, without her knowledge and consent and to her damage and prejudice in the aforesaid amount of Fifteen Thousand (P15,000.00) Pesos, Philippine currency.[1]
Rowena Gomez (Rowena), private complainant, gave the following account of the incident:
Around 9:30 o'clock in the evening of June 11, 2006, while Rowena and her cousins, Cherry Pi�era (Cherry) and Lourdes Ros, were inside Gallarte Compound in Liboton St., Naga City, Allan suddenly grabbed Rowena's Nokia 6600 cellphone and immediately fled, boarded a motorcycle driven by Rodel. Rowena and Cherry pursued via motorcycle the two who bumped a fried-chicken stall near People's Mart.
Rowena at once shouted that the two men are snatchers, prompting the bystanders to maul them. When asked by PO1 Joker Albao who had, in the meantime, arrived at the place, where the cellphone was, Allan replied that it slipped from his hand while he was being mauled.
Rowena's testimony was corroborated by Cherry and PO1 Albao.
Allan and Rodel denied the charge and gave a different version:
In the afternoon of the date of the incident, Allan stepped out of the house of his parents-in-law in Triangulo, Naga City to buy cigarette and saw Rodel with whom he had soon a drinking spree at said house until 9:00 o'clock in the evening. They thereafter boarded a motorcycle driven by Rodel on their way to Caiauag to attend a pre-nuptial celebration. Upon approaching the crossing of Liboton St. and Jacob Extension, a "trimobile" suddenly emerged and cut their path, causing Rodel to lose control of the motorcycle and bump the fried-chicken stall, following which they were mauled.
The trial court, finding for the prosecution, adjudged petitioners guilty as charged, disposing as follows:
WHEREFORE, judgment is hereby rendered finding accused Allan Alden y Rosales and Rodel Taguinod y Abner guilty beyond reasonable doubt as charged, and applying the Indeterminate Sentence Law, in the absence of any aggravating and mitigating circumstances, they are accordingly sentenced to suffer the penalty of imprisonment of Two (2) years Four (4) months and One (1) day of Prision Correccional medium as minimum to Six (6) years and One (1) day of Prision Mayor minimum as maximum and to indemnify jointly and severally private complainant Rowena Gomez the sum of Phpl5,000.00 for the value of her cellphone.[2]
On appeal by Allan and Rodel, the Court of Appeals, by Decision[3] of March 13, 2009, affirmed the trial court's factual findings but modified the penalty, thus:
WHEREFORE, the judgment of conviction is hereby AFFIRMED with MODIFICATION. Accused ALLAN ALDEN y ROSALES and RODEL TAGUINOD y ABNER are hereby sentenced to suffer an indeterminate penalty of 2 years, 4 months and 1 day of prision correccional in its medium and maximum periods, as minimum to 7 years, 4 months and 1 day of prision mayor in its minimum and medium periods, as maximum.[4]
Their motion for reconsideration having been denied, Allan and Rodel filed the present Petition for Review on Certiorari, faulting the appellate court for affirming their guilty verdict despite absence of proof beyond reasonable doubt.[5]
The Court finds that petitioners failed to substantiate its appeal to compel a reversal or modification of the challenged decision of the appellate court.
Accordingly, the petition is DISMISSED.
WITNESS the Honorable Leonardo A. Quisumbing, Chairperson, Honorable Antonio T. Carpio (designated additional member per S.O. No. 757 in lieu of Del Castillo, J., on leave), Conchita Carpio Morales, Arturo D. Brion and Roberto A. Abad, Members, Second Division, this 19th day of October, 2009.
Very truly yours.
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
Endnotes:
[1] Annex "A," Petition, rollo, p. 25.
[2] Annex "B," id. at 26, 30.
[3] Penned by Associate Justice Japar B. Dimaampao and concurred in by Associate Justice Rebecca de Guia-Salvador and Associate Justice Sixto C. Marella, Jr., rollo, pp. 68-77.
[4] Id. at 76.
[5] Petition, id. at 12.
