This case has been cited 6 times or more.
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2015-12-07 |
REYES, J. |
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| That it be done with grave abuse of confidence.[47] | |||||
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2015-09-02 |
VILLARAMA, JR., J. |
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| For the successful prosecution for Qualified Theft committed with grave abuse of confidence, the prosecution must establish beyond reasonable doubt the following elements: (1) taking of personal property; (2) that the said property belongs to another; (3) that the said taking be done with intent to gain; (4) that it be done without the owner's consent; (5) that it be accomplished without the use of violence or intimidation against persons, nor of force upon things; and (6) that it be done with grave abuse of confidence.[51] | |||||
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2014-12-08 |
PERLAS-BERNABE, J. |
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| While it is true that the prosecution had only presented the uncorroborated testimony of the private complainant, Lao, to prove that the value of the diesel fuel stolen is P497,000.00, the Court taking judicial notice of the fact that the pump price of diesel fuel in August 2006 (i.e., the time of the commission of the crime) is within the range of P37.60 to P37.86 per liter[51] nonetheless remains satisfied that such amount must be sustained. As the value of the goods may independently and competently be ascertained from the DOE's price publication, adding too that the defense had not presented any evidence to contradict said finding nor cross-examined Lao anent her proffered valuation, the Court, notwithstanding the solitary evidence of the prosecution, makes this determination following the second prong set by case law and that is, to fix the value of the property taken based on the attendant circumstances of the case. Verily, such circumstances militate against applying the alternative of imposing a minimum penalty and, more so, the CA's arbitrary valuation of P14,000.00, since the basis for which was not explained. Therefore, for purposes of fixing the proper penalty for Qualified Theft in this case, the value of the stolen property amounting to P497,000.00 must be considered. Conformably with the provisions of Articles 309 and 310 of the RPC, the proper penalty to be imposed upon Candelaria is reclusion perpetua, [52] without eligibility for parole,[53] to conform with prevailing law and jurisprudence.[54] | |||||
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2014-07-30 |
CARPIO, J. |
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| That it be done with grave abuse of confidence.[8] | |||||
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2013-03-20 |
BRION, J. |
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| We reiterate the rule that it is necessary for the courts to employ the proper legal terminology in the imposition of penalties because of the substantial difference in their corresponding legal effects and accessory penalties. The appropriate name of the penalty must be specified as under the scheme of penalties in the RPC, the principal penalty for a felony has its own specific duration and corresponding accessory penalties.[21] Thus, the courts must employ the proper nomenclature specified in the RPC, such as "reclusion perpetua" not "life imprisonment," or "ten days of arresto menor" not "ten days of imprisonment." In qualified theft, the appropriate penalty is reclusion perpetua based on Article 310 of the RPC which provides that "[t]he crime of [qualified] theft shall be punished by the penalties next higher by two degrees than those respectively specified in [Article 309]."[22] | |||||
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2012-04-18 |
DEL CASTILLO, J. |
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| Article 310 of the RPC provides that the crime of qualified theft shall be punished by the penalties next higher by two degrees than those respectively specified in Art. 309. Under paragraph 1, Art. 309 of the RPC, the penalty of prision mayor in its minimum and medium periods is to be imposed if the value of the thing stolen is more than P12,000.00 but does not exceed P22,000.00. But if the value of the thing stolen exceeds the latter amount, the penalty shall be the maximum period of the one prescribed in said paragraph [prision mayor in its minimum and medium periods], and one year for each additional P10,000.00, but the total of the penalty which may be imposed shall not exceed twenty (20) years. In such cases and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of the RPC, the penalty shall be termed prision mayor or reclusion temporal, as the case may be. Here, the amount stolen by appellant, as correctly found by the CA, is P248,447.75. Since the said amount exceeds P22,000.00, "the basic penalty is prision mayor in its minimum and medium periods to be imposed in the maximum period, which is eight (8) years, eight (8) months and one (1) day to ten (10) years of prision mayor."[50] To determine the additional years of imprisonment, P22,000.00 must be deducted from the said amount and the difference should then be divided by P10,000.00, disregarding any amount less than P10,000.00. Hence, we have twenty-two (22) years that should be added to the basic penalty. However, the imposable penalty for simple theft should not exceed a total of twenty (20) years. Thus, had the appellant committed simple theft, the penalty for this case would be twenty (20) years of reclusion temporal. But as the penalty for qualified theft is two degrees higher, the proper penalty as correctly imposed by both lower courts is reclusion perpetua.[51] | |||||