Title
Astudillo vs. People
Case
G.R. No. . 159734
Decision Date
Nov 30, 2006
Employees at an appliance store conspired to steal merchandise using fictitious sales invoices; some admitted guilt, leading to convictions for Simple Theft and Qualified Theft, with penalties adjusted based on evidence and roles.
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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:

  1. 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.
  2. 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)


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