Gregory Vito J.

Corleone
6 Porfirio Chaves Street, Hillside Sudbivision,
Macasandig; Cagayan de Oro City 9000

August 19, 2019

To Greg:

As narrated by you during our consultation last August 02, 2019, we were able to gather
these facts:

1. That on July 30, 2019, you misplaced your phone inside your classroom, but days later,
you found the same in the possession of a classmate; you confronted this classmate,
but he denied that he took your phone.

2. For you to get even, you planned on taking out his phone, which eventually came to its
fruition after a week.

3. You successfully took a phone out from his trouser, but to your surprise, you
discovered that it was your missing phone.

After deliberations and discussions regarding your case, we have come up with points for
you to ponder on. These greatly affect our case, as it presents both the positive and negative
areas.

First, when you saw your phone in the possession of a classmate, you immediately
conftonted him, but the latter categorically denied of this. Despite the fact that you were able
to personally recognize the thing as your own, he shunned your claim. For this, your
familiarity with the phone in your classmate’s hand was justifiable cause to charge him of
theft.

We can agree that when you misplaced your phone inside your classroom, only those of your
classmates, or for that matter, you teacher, may be suspected as a perpetrator of such
wrongful act. Otherwise, negligence on your part would only have constituted the loss of
such thing. But in this case, when you found your phone to be in the possession of your
classmate, it can be inferred that, upon your confrontation with him, and when he denied of
such allegation, he had the intent to gain property by taking what first did not belong to him.
For as long as you were able to positively identify the thing in question as your own, provided
that specific features known by you be also present in the same.

Second, when you plotted revenge against the same person, and later on performed the
wrongful act by taking something out of one’s pocket, with your intention to gain, is a crime
against property, and you can be criminally liable for the same.

In the same way that your classmate deliberately intended to take your phone, either to only
prank you, or whatever else he may be compelled to do so with such thing, you did the same
when you conceived in your mind the possibility of you squaring with him by taking out also
his phone. This act alone, can be grounds for your conviction, since your intent to gain is a
crime against property, theft.

Lastly, your action, which resulted to something not intended by you for reasons of
inadequate or ineffective means to employ such act, can still be taken against you for the very
reason that you intended to take your revenge, by taking a property which was not yours.

318 Xavier Corporate Tower, Claro M Recto Avenue, Cagayan de Oro City | thepartners@phillaw.ph
|0945-221-1234 | 088-858-2243 | 575-2281
Although the wrongful act done be different from that which you intended it to be, upon
discovering later that the phone you took out from his pocket was actually your lost phone,
you can still be subject to criminal charges, specifically one that is an impossible crime.

Recommendation.

A plethora of conclusions can be made based from the given facts, but the best
recommendation we can give is to come to an agreement, to absolve both parties from
claiming suit against the other. With these, we can come to agreement where we hear out
each party’s testimonies, and set aside the grievances that have arisen during such situation.

We are of the opinion that settlement would best serve as a remedy to this kind of situation,
in order to avoid criminal liability on your part, and be mitigated from damages being
awarded against you.

Rest assured that from the beginning of the process, up to the end, we will be side by side
with you as your legal counsels, and we we will be doing our best to put you in the most
advantageous position.

We remain,

Atty. Macaurog Maunting

Atty. Emeterio Nico Roa

318 Xavier Corporate Tower, Claro M Recto Avenue, Cagayan de Oro City | thepartners@phillaw.ph
|0945-221-1234 | 088-858-2243 | 575-2281