Fortuna Vs People Digest

 

Fortuna vs People (Dec 15, 2000) Ponente: Bellosillo Facts: -July 21 1992 at 5pm Diosdada Montecillo and brother Mario Montecillo were standing at the corner of Mabini and Harrison Streets waiting for a ride home ho me -A mobile patrol car of the Western Police District with 3 policemen stopped in front of them

-Policeman seated on the front seat frisked Mario, took his belt and pointed a blunt object in its  buckle and uttered “evidence”  “evidence”   -He motioned Mario to board the car who the sat at the back together with another policeman -Diosdada followed and sat beside Mario -The driver asked why he was carrying a deadly weapon to which self-defense is his answer since he was a polio victim -Mario was frightened that he would be brought brou ght to the Bicutan police station -They approached Ospital ng Maynila and the car pulled over, the 2 policemen told the siblings the bail bond for carrying a deadly weapon was P12,000 -Mario gave P1,000 to Diosdada and placed in her wallet -Diosdada was made to alight from the car and was followed by the driver to go behind the vehicle veh icle -The driver forced her wallet out and counted her money, with P5,000 in it, took P1,500 and told her to say that all she had was P3,500 -While going back to the car, the driver demanded any jewelry from her and she gave her wristwatch, which he said never mind -In the car, the policeman at the passenger instructed Diosdada to place all her money on the console box -The siblings were brought to the Harrison Plaza and they went home to Imus, Cavite -Diosdada recounted the story to her employer Manuel Felix who accompanied the siblings to General Diokno -General Diokno directed one of his men, Lt. Ronas, to assist them in Mabini area -They went to the police station, and they recognized the 2 policemen and the driver the next day -RTC: The policemen were charged with robbery and found guilty of conspiring with intimidation of persons -CA affirmed the RTC -Fortuna moved duress, but deniedfor reconsideration on the ground that they did not receive the money under Issue:  W/N The aggravating circumstance of advantage taken by the offenders of their public  positions is appreciated Ruling: YES. Affirmed with modification - arrest mayor to prision correccional as minimum and  prision correccional to prision mayor as maximum. (Robbery and ordered to pay the siblings P5,000, P20,000 for moral damages, P15,000 for attorney’s fees) fees)   -The accused were all police officers at the time of the robbery and placed them in a position to  perpetrate the offense. -If they were not police officers, they could not have terrified the siblings. -The accused engendered fear in the minds of their victims, either to give money or suffer burden

of being taken to the police