Facts:

The case of Rafael Abundo vs. Sandiganbayan & People of the Philippines revolves around a petition for review on certiorari concerning a decision made by the Sandiganbayan on January 11, 1991, in Criminal Case No. 14395. The petitioner, Rafael Abundo y Arcilla, was the District Engineer of the Department of Public Works and Highways (DPWH) in Virac, Catanduanes, Philippines. He faced charges for qualified theft regarding an unserviceable Willys Jeep chassis valued at P15,000. The events unfolded around October 1985, when Abundo submitted a written request addressed to the Area Equipment Services of DPWH to use one of the unserviceable jeep chassis among a pile of junk in the Capitol compound. His request was approved by Marcelo R. Alberto, the Motor Pool Officer, who subsequently issued an authorization for the removal of the chassis. Abundo received the chassis, modified it by reconditioning and installing his own engine, and took it to a repair shop. However, he later deci

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Facts:

Background and Charge

• Rafael Abundo, then District Engineer of the Department (now Ministry) of Public Works and Highways (DPWH) in Virac, Catanduanes, was charged with qualified theft.
• The charge stemmed from the alleged illegal taking of the chassis of a Willys jeep, valued at P15,000.00, which was listed in the Inventory and Inspection Report of Unserviceable Property.
• The incident occurred in or about October 1985, within the jurisdiction of the Sandiganbayan.

Chronology of Events

• In October 1985, Abundo submitted a written request addressed to Marcelo R. Alberto, the Motor Pool Officer of the DPWH in Virac, to use one old chassis from the pile of junk motor vehicles in the Capitol compound.
• Alberto acted favorably on the request, and a Memorandum Receipt was issued. This receipt documented that the chassis was part of the government’s inventory, subject to disposal or private sale under the allowed conditions.
• Romeo M. Go, the Supply Officer and Property Custodian, authorized Abundo’s driver, Geronimo Romero, to remove the chassis from the DPWH site.
• The chassis was dismantled from the Willys jeep, reconditioned through welding and painting, and installed with the engine owned by Abundo.
• The chassis was temporarily used for the purpose of repairing or assembling a private jeep, and later it was returned by Abundo, through his driver, to the DPWH site in December 1985.
• The events leading to the removal and later return of the chassis were well-documented by relevant exhibits, reports, and the issuance and later return of the Memorandum Receipt.

Inventory and Disposition Context

• The Willys type jeep, from which the chassis was dismantled, was already classified as unserviceable and beyond economical repair.
• The property was included in the Inventory and Inspection Report of Unserviceable Property and was subject to disposal under Section 79 of P.D. No. 1445.
• Section 79 of P.D. No. 1445 provided that unserviceable government property, if still valuable, could be sold at public auction or, if the auction failed, through private sale.
• The transfer of possession was subject to a condition recorded on the Memorandum Receipt that required the recipient to either negotiate with the highest bidder or return the chassis if no agreement on the cost was reached.

Legal Proceedings and Court Findings

• A sworn letter-complaint filed by Willie San Juan prompted charges for qualified theft against Abundo on October 27, 1987.
• The Sandiganbayan, in its decision dated January 11, 1991, found Abundo guilty beyond reasonable doubt and imposed an indeterminate sentence ranging from arresto mayor to prision correccional.
• Abundo, in his petition for review, contended that there was no unlawful taking since his request was made in good faith and acted on by duly authorized government officials, thereby negating any element of malice or criminal intent.
• Solicitor General’s Manifestation in Lieu of Comment supported Abundo’s position, recommending the reversal of the Sandiganbayan’s decision.

Issue:

Whether Rafael Abundo was properly convicted of qualified theft.

• Whether the essential elements of theft were satisfied, particularly the lack of the owner’s consent to the taking.
• Whether the issuance of the Memorandum Receipt and the operative consent by the Motor Pool Officer and Property Custodian nullified the element of illegal or furtive taking.
• Whether the procedures and conditions under Section 79 of P.D. No. 1445 permitted the consensual use or transfer of unserviceable government property to a public officer, hence eliminating the crime of theft.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)