Alleged burglar charged

AN ALLEGED burglar was charged by the Office of the City Prosecutor after he was arrest for allegedly breaking into a house last Aug. 18.

Prosecutor Rizalyn Y. Gonzales found probable cause to indict the Antionio B. Lupon robbery under Art. 299(a)(2) of the Revised Penal Code in relation to Republic Act 8369 (Family Courts Act of 1997).

The case stemmed from the complaint filed by Jay E. Sanchez, resident of Sampaguita Street, San Nicolas Daliao, Toril District.

Gonzales said all elements of robbery are present in the case including: “(1) that the offender entered an inhabited place; (2) that the entrance was affected by breaking of door; (3) that once inside, the offender took personal properties belonging to another with intent to gain.”

The complainant claimed that he heard a knock on the door on their bedroom door on Aug. 18. When he opened the door, he was surprised to see the respondent carrying a jar valued at P3,000. He then punched the suspect on the face.

After subduing the suspect, he then called for police assistance.

Upon investigation, it was found out that the drawers on the first and second floors were ransacked and the telephone connections were already disconnected. A kitchen knife was likewise discovered in the dining room.

There were also jars outside the house all worth P20,000.

The respondent reportedly gained entry by detaching a part of the ceiling in the second floor where he also destroyed the door knob to get inside the house.

“Whether or not the respondent was able to derive any benefit from the property unlawfully taken is immaterial in the finding of probable cause as the same is not a constitutive element of the crime of robbery,” the resolution said.

Lupon is now under the custody of the Toril Police Precinct.

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