This case has been cited 3 times or more.
2015-12-07 |
REYES, J. |
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Anent the graduation of penalty for qualified theft and the imposition of incremental penalty for the amount in excess of P22,000.00, the ruling espoused in Ringor v. People[72] is hereby adopted. | |||||
2015-09-02 |
VILLARAMA, JR., J. |
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The subsequent recovery of the stolen motorcycle will not preclude the presence of the third element. Actual gain is irrelevant as the important consideration is the intent to gain or animus lucrandi.[48] Intent to gain is an internal act presumed from the unlawful taking[49] of the motor vehicle which the appellant failed to overcome with evidence to the contrary. Verily, the mere use of the thing unlawfully taken constitutes gain.[50] | |||||
2014-07-30 |
CARPIO, J. |
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Grave abuse of confidence, as an element of Qualified Theft, "must be the result of the relation by reason of dependence, guardianship, or vigilance, between the appellant and the offended party that might create a high degree of confidence between them which the appellant abused."[9] |