People vs. Sabado, et al (2017)

PEOPLE OF THE PHILIPPINES vs. LUTHER SABADO, ET. AL

G.R. No. 218910, July 5, 2017 

TIJAM, J.:

Facts: The Information charging appellant and two other accused of Qualified Theft alleges that accused, LUTHER P. SABADO, while employed at Diamond Pawnshop, with intent to gain and grave abuse of trust and confidence reposed on him, and in conspiracy with accused SATURNINO L. SABADO and HOSPICIO M. HARUTA who are non-employees of the said pawnshop, feloniously take, away an assortment of jewelry and cellular phones worth ₱500,000.00, belonging to said Diamond Pawnshop without the owner's knowledge or consent, to his damage and prejudice.

For his defense, accused-appellant alleged that he was working alone in the pawnshop and a man with the gun ordered him to open the vault and threatened to kill him. After he opened the vault, his hands and feet were tied and his mouth was covered with a tape. Then the two unidentified men took all the contents of the vault and fled.

Issue: Whether or not appellant is guilty of the crime of Qualified Theft.

Ruling: Yes. The elements of the crime of theft are as follows: (1) that there be taking of personal property; (2) that said property belongs to another; (3) that the taking be done with intent to gain; (4) that the taking be done without the consent of the owner; and (5) that the. taking be accomplished without the use of violence against or intimidation of persons or force upon things. Theft becomes qualified when any of the following circumstances under Article 310 is present, such as when the theft is committed with grave abuse of confidence.

In this case,  there was a taking of personal property consisting of pieces of jewelry which belong to the Pawnshop and the taking was with intent to gain and without the consent of the Pawnshop, and that the taking was accomplished without the use of violence against or intimidation of persons or force upon things. Accused-appellant could not have committed the crime had he not been holding the position of the trusted employee which gave him not only sole access to the Pawnshop's vault but also control of the premises.

Ratio Decidendi: Intent to gain or animus lucrandi is an internal act that is presumed from the unlawful taking by the offender of the thing subject of asportation.

Gist: Appellant Luther Sabado assails in this appeal the Decision of the CA, which affirmed the Decision of the RTC of Imus, Cavite, Branch 20, convicting accused-appellant of the crime of Qualified Theft committed against his employer, Diamond Pawnshop.