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PEOPLE v. RUBEN SISON

This case has been cited 8 times or more.

	GR No. 176298 2012-01-25	ANITA L. MIRANDA v. PEOPLE VILLARAMA, JR., J.
The elements of the crime of theft as provided for in Article 308[9] of the Revised Penal Code 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.[10] Theft becomes qualified when any of the following circumstances under Article 310[11] is present: (1) the theft is committed by a domestic servant; (2) the theft is committed with grave abuse of confidence; (3) the property stolen is either a motor vehicle, mail matter or large cattle; (4) the property stolen consists of coconuts taken from the premises of a plantation; (5) the property stolen is fish taken from a fishpond or fishery; and (6) the property was taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance.[12]
	GR No. 193479 2011-10-19	PEOPLE v. BERNARD G. MIRTO VELASCO JR., J.
Sixth. That accused-appellant committed the crime with grave abuse of confidence is clear. As gathered from the nature of his position, accused-appellant was a credit and collection officer of UCC in the Cagayan-Isabela area. His position entailed a high degree of confidence, having access to funds collected from UCC clients. In People v. Sison,[22] involving a Branch Operation Officer of Philippine Commercial International Bank (PCIB), the Court upheld the appellant's conviction of Qualified Theft, holding that "the management of the PCIB reposed its trust and confidence in the appellant as its Luneta Branch Operation Officer, and it was this trust and confidence which he exploited to enrich himself to the damage and prejudice of PCIB x x x."[23] In People v. Mercado,[24] involving a manager of a jewelry store, the Court likewise affirmed the appellant's conviction of Qualified Theft through grave abuse of confidence.
	GR No. 181355 2011-03-30	BENJAMIN BELTRAN v. CA PEREZ, J.
From the afore-quoted provision, it is clear that the elements of the crime 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.[33]
	GR No. 179033 2010-09-06	PEOPLE v. FELICIANO ANABE Y CAPILLAN CARPIO MORALES, J.
the theft is committed by a domestic servant; the theft is committed with grave abuse of confidence; the property stolen is a (a) motor vehicle, (b) mail matter or (c) large cattle; the property stolen consists of coconuts taken from the premises of a plantation; the property stolen is fish taken from a fishpond or fishery; and the property was taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance.[41]
	GR NO. 159734 2006-11-30	ROSARIO V. ASTUDILLO v. PEOPLE CARPIO MORALES, J.
The elements of the crime of Theft as provided for in Article 308 of the Revised Penal Code 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.[42]
	GR NO. 155076 2006-02-27	LUIS MARCOS P. LAUREL v. ZEUS C. ABROGAR CALLEJO, SR., J.
An information or complaint for simple theft must allege the following elements: (a) the taking of personal property; (b) the said property belongs to another; (c) the taking be done with intent to gain; and (d) the taking be accomplished without the use of violence or intimidation of person/s or force upon things.[51]
	GR No. 109143 2000-10-11	PEOPLE v. PEDRO G. TALIMAN PARDO, J.
Rule 133, Section 4 of the 1989 Revised Rules on Evidence provides:[46]
	GR No. 138402 2000-08-18	PEOPLE v. ARNOLD GONZALES PARDO, J.
Sec. 4, Rule 133 of the Revised Rules of Court provides:[30]