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RAMON C. TAN v. PEOPLE

This case has been cited 5 times or more.

	GR No. 191185 2016-02-01	GUILBEMER FRANCO v. PEOPLE REYES, J.
The corpus delicti in theft has two elements, to wit: (1) that the property was lost by the owner; and (2) that it was lost by felonious taking.[26] In this case, the crucial issue is whether the prosecution has presented proof beyond reasonable doubt to establish the corpus delicti of the crime. In affirming Franco's conviction, the CA ruled that the elements were established. Moreover, the RTC and the CA apparently relied heavily on circumstantial evidence.
	GR No. 210760 2015-01-26	KYLE ANT ZABALA v. PEOPLE VELASCO JR., J.
Corpus delicti means the "body or substance of the crime, and, in its primary sense, refers to the fact that the crime has been actually committed." The "essential elements of theft are (1) the taking of personal property; (2) the property belongs to another; (3) the taking away was done with intent of gain; (4) the taking away was done without the consent of the owner; and (5) the taking away is accomplished without violence or intimidation against persons or force upon things." In theft, corpus delicti has two elements, namely: (1) that the property was lost by the owner, and (2) that it was lost by felonious taking.[20]
	GR No. 146296 2007-10-15	EDUARDO GULMATICO Y BRIGATAY v. PEOPLE NACHURA, J.
Article 308 of the Revised Penal Code defines theft as follows: Art. 308. Who are liable for theft. Theft is committed by any person who, with intent to gain but without violence, against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent. The elements of theft are: (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.[25] Therefore, in theft, corpus delicti has two elements, namely: (1) that the property was lost by the owner, and (2) that it was lost by felonious taking.[26]
	GR NO. 165884 2007-04-23	CIELITO R. GAN v. PEOPLE CHICO-NAZARIO, J.
Petitioner contends that he cannot be held liable for the charges on the ground that he was not caught in possession of the missing funds. This is clutching at straws. To be caught in possession of the stolen property is not an element of the corpus delicti in theft. Corpus delicti means the "body or substance of the crime, and, in its primary sense, refers to the fact that the crime has been actually committed."[69] In theft, corpus delicti has two elements, namely: (1) that the property was lost by the owner, and (2) that it was lost by felonious taking.[70] In the case before us, these two elements were established. The amounts involved were lost by WUP because petitioner took them without authority to do so.