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(Any person who shall enter an enclosed estate or a field where trespass is
forbidden or which belongs to another and without the consent of its owner, shall
hunt or fish upon the same or shall gather fruits, cereals, or other forest or farm
products.)
(Article 310 of the Revised Penal Code, theft is qualified if coconuts are taken
from the premises of a plantation.)
Facts:
With the land dispute issue between the parties, the court clearly identified the
demarcation of the properties involve therein. Having known of the said court decision,
the accused still gathered 1500 of coconuts from the land of Cleto Eusebio and was
convicted of qualified theft. On appeal, he invoked his honest belief that he owned the
land which negates intent to steal, an essential element of the felony of theft.
Issues:
Whether or not the act of taking the coconuts from anothers plantation
constitutes qualified theft.
Held:
Yes. In all cases where one in good faith takes anothers property under
claim of title in himself, he is exempt from the charge of larceny, however puerile
or mistaken the claim may in fact be. And the same is true where the taking is on
behalf of another, believed to be the true owner. Still, if the claim is dishonest, a
mere pretense, it will not protect the taker. Gaviola cannot feign ignorance or
even unfamiliarity with the location, identity and the metes and bounds of the
properties involved as it is categorically stated clearly that the three parcels of
land are distinct and separate from each other. Hence, Gaviolas claim of good
faith in taking the coconuts is a mere pretense to escape criminal liability and
was guilty not only of simple theft but of qualified theft but under Article 310 of the
Revised Penal Code, theft is qualified if coconuts are taken from the premises of
a plantation.
People vs Rodrigo
(Theft, intent of gain is inferred from the deliberate failure to deliver the lost property to
the proper person, the finder knowing that the property does not belong to him.)
Facts:
Muerteigue complained of a stealing incident declaring his horse being stolen. Rodrigo
was convicted of the crime of theft for having known of the said incident but failed to
deliver the same to authorities or its owner. On appeal, he contends that intent to gain is
absent since the horse was lost and not stolen.
Issue:
Whether or not the act of not returning a lost horse falls under the third element (intent
to gain) of theft.
Held:
Paragraph 2, subparagraph (1) of the Crime of Theft, the elements are (1) the finding of
lost property; and (2) the failure of the finder to deliver the same to the local authorities
or to its owner. In this kind of theft intent of gain is inferred from the deliberate failure to
deliver the lost property to the proper person, the finder knowing that the property does
not belong to him. The contention that since the complaint refers to a stolen horse, does
not fall under said particular paragraph, "stolen property" not being the same as "lost
property." The argument is without merit. The word "lost" is generic in nature, and
embraces loss by stealing or by any act of a person other than the owner, as well as by
the act of the owner himself or through some casual occurrence. If anything, the finder
who fails deliberately to return the thing lost may be considered more blameworthy if the
loss was by stealing than through some other means.
In this case, the element of lack of the owner's consent to the taking of the junk chassis
was absent. The facts clearly show that there was no furtive taking or unlawful
asportation, in the criminal sense, of the chassis. The delivery of the chassis to the
petitioner was properly documented. The transfer or "turn over" was subject to the
condition, stated in the Memorandum Receipt.
It must be emphasized that both Abundo and Alberto thought and believed the latter to
be clothed with the authority to lend out the subject chassis. It was upon this honest
perception that both acted accordingly on the part of the Abundo by requesting in
writing for the use of the junk chassis and on the part of Alberto by consenting thereto,
finally culminating in the issuance of a Memorandum Receipt. Needless to state, a thief
does not ask for permission to steal.
Matrido vs People
Facts:
Private respondent, Empire East Land Holdings Inc. filed a case against Matrido for
estafa in the Makati Prosecutors Office for failing to remit payments received from its
clients. By resolution, the prosecution office dismissed the complaint for estafa for
insufficiency of evidence but found probablecause to indict petitioner for qualified theft.
RTC convicted the Matrido of qualified theft and was affirmed by the CA. Petitioner
challenges the conviction by contending that despite the indictment for qualified theft,
the prosecution was trying to prove estafa during trial, thus violating her right to be
informed of the nature and cause of the accusation against her.
Issues:
Whether or not the CA gravely erred in affirming the decision of the trial court.
Held:
No. The appellate court correctly explained that conversion of personal property in the
case of an employee having material possession of the said property constitutes theft,
whereas in the case of an agent to whom both material and juridical possession have
been transferred, misappropriation of the same property constitutes estafa. Notably,
petitioners belated argument that she was not an employee but an agent of private
complainant grants her no respite in view of her stipulation during pre-trial and her
admission at the witness stand of the fact of employment. Petitioners reliance on estafa
cases involving factual antecedents of agency transactions is thus misplaced.