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[US v. GREGORIO ALCANTARA](http://lawyerly.ph/juris/view/cdfb?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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[ GR No, Feb 15, 1910 ]

US v. GREGORIO ALCANTARA +

DECISION

15 Phil. 202

[ G. R. No, 4950, February 15, 1910 ]

THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. GREGORIO ALCANTARA, DEFENDANT AND APPELLANT.

D E C I S I O N

MAPA, J.:

In this case  there  is no direct proof that the accused is the person  who took the money and the jewels that he is  charged in the complaint with  having stolen; but it has been fully proven that, subsequent to the date on which the theft was committed, he sold to  two  persons certain of the said jewels which were recognized at the trial by the injured party.  The accused gave no explanation as to whence he obtained the said jewels.

For the aforesaid reason the trial court sentenced him, as accessary after the fact, to pay a fine of 250 pesetas and the costs of the proceedings.  The possession of the whole or of a part of the stolen property not being accounted for in any manner by the  accused, constitutes sufficient evidence that he is the person  who stole the same from the owner, which can only  be overcome by full and  sufficient proof to the contrary; therefore he must be  held to  be the principal, and not a mere accessary.  (U. S. vs. Soriano, 9 Phil. Rep., 445.)

Owing to the value of the stolen property, which  amounts to 1,048  pesetas, the case falls within the provisions  of paragraph 3 of article 518  of  the  Penal Code,  and the aggravating circumstance that the crime was committed in the dwelling  of the injured party must be taken into consideration.

The judgment appealed from is hereby reversed and the accused sentenced,  as principal  in v the commission of the crime herein prosecuted,  to the penalty of two  years  of presidio correctional, to indemnify Dalmacio Ladiana and Pablo Escareces, to whom he sold the recovered jewels, in the sum of P12 and P2, respectively, and the injured party in the sum of P151.60, as being the value of the unrecovered property,  or  to suffer subsidiary imprisonment in case of insolvency at the rate of one day's imprisonment for every 12 1/2 pesetas unpaid, and to pay the costs of both instances. So ordered.

Arellano, C.  J.,  Torres, Johnson, Carson, and Moreland, JJ., concur.

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