This case has been cited 1 times or more.
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2015-06-17 |
PERALTA, J. |
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| Abundo v. Sandiganbayan,[27] which was relied upon by Medina, does not apply. In said case, the element of lack of owner's consent to the taking of the junk chassis was absent since the records showed that Abundo made a request in writing to be allowed to use one old jeep chassis among the pile of junk motor vehicles. His request was granted. A memorandum receipt was issued and signed. Pursuant thereto, the chassis was taken out. There was no furtive taking or unlawful asportation. The physical and juridical possession of the junk chassis was transferred to Abundo at his request, with the consent or acquiescence of the owner, the Government, represented by the public officials who had legal and physical possession of it. We noted that the crime of theft implies an invasion of possession; therefore, there can be no theft when the owner voluntarily parted with the possession of the thing. The Court agreed with the observation of the Solicitor General that a thief does not ask for permission to steal. Indeed, a taking which is done with the consent or acquiescence of the owner of the property is not felonious.[28] | |||||