Case Digest (G.R. No. . 159734)
Facts:
The case involves two petitioners, Rosario "Baby" Astudillo and Filipina "Lina" Orellana, who were charged with Qualified Theft along with two other co-accused, Flormarie Robel and Roberto Benitez, by the Western Marketing Corporation. The charges stemmed from incidents occurring between January 1996 and February 1996, during which the petitioners were employed as sales clerks at the company's branch in Quezon City. The complaint alleged that the accused conspired to steal two booklets of sales invoices, which they used to prepare fictitious sales and withdrawals of merchandise valued at P797,984.00. The Information was filed on September 9, 1996, detailing the unlawful taking of cash sales and the excess amounts between the tag price and discount price, which were not remitted to the company.
The trial court, after a joint trial, found the petitioners guilty of Qualified Theft on May 28, 1998, sentencing them to imprisonment and ordering them to pay...
Case Digest (G.R. No. . 159734)
Facts:
Employment and Roles of Petitioners:
- Petitioners Rosario Astudillo and Filipina Orellana were employed as sales clerks at Western Marketing Corporation (Western), a chain of appliance stores, specifically at its P. Tuazon Boulevard branch in Cubao, Quezon City.
- Roberto Benitez was the floor manager, and Flormarie Robel was the service-in-charge/cashier-reliever at the same branch.
Discovery of Missing Invoices and Merchandise:
- On February 21, 1996, Branch Accountant Marlon Camilo discovered discrepancies in the January monthly sales report, specifically a missing booklet of cash sales invoices (Nos. 128351 to 128400).
- Upon investigation, it was found that some invoices were used for fictitious sales, and merchandise worth P797,984.00 was missing.
- Flormarie Robel admitted to stealing the invoices, citing financial difficulties due to her father's illness.
Admissions and Pleas:
- Benitez and Filipina pleaded with Camilo not to report the discrepancies to management.
- Benitez provided a handwritten statement admitting to taking promotional items and gift checks intended for customers.
- Filipina admitted to taking home appliances and providing discounts to customers without authorization.
Criminal Charges:
- Petitioners, along with Benitez and Flormarie, were charged with Qualified Theft under multiple Informations dated September 9, 1996.
- The charges included conspiracy to steal merchandise using fictitious sales invoices and individual theft of cash discrepancies.
Trial Court Decision:
- The Regional Trial Court found petitioners and Benitez guilty of Qualified Theft, sentencing them to imprisonment ranging from 12 years and 1 day to 14 years, and ordering them to pay civil liabilities.
Court of Appeals Decision:
- The Court of Appeals affirmed the trial court's decision but modified the penalties, reducing the minimum imprisonment terms.
Issue:
For Rosario Astudillo:
- Whether the trial court erred in considering her apology as an admission of guilt.
- Whether the court erred in convicting her without sufficient evidence of unlawful taking.
- Whether the court abused its discretion in distorting evidence to support its flawed conclusion.
For Filipina Orellana:
- Whether the Court of Appeals erred in affirming her conviction despite insufficient evidence.
- Whether her extrajudicial admission, obtained without counsel, was admissible.
- Whether conspiracy could be proven solely based on her employment with the other accused.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)