Case Digest (G.R. No. 162540)
Facts:
- Petitioner Gemma T. Jacinto, along with Anita Busog de Valencia y Rivera and Jacqueline Capitle, was charged with Qualified Theft.
- The incident occurred in July 1997 in Caloocan City, Metro Manila.
- The accused were employees of Mega Foam International Inc., represented by Joseph Dyhengco.
- They allegedly conspired to steal Banco De Oro Check No. 0132649, dated July 14, 1997, for P10,000.00, which was payment from a customer, Baby Aquino, to Mega Foam.
- The check was deposited in the Land Bank account of Generoso Capitle, husband of Jacqueline Capitle.
- The check was dishonored, leading to an entrapment operation by the NBI, resulting in the arrest of Jacinto and Valencia.
- The RTC found Jacinto, Valencia, and Capitle guilty of Qualified Theft, with Jacinto and Valencia sentenced to imprisonment.
- The Court of Appeals affirmed Jacinto's conviction but reduced Valencia's sentence and acquitted Capitle.
- Jacinto filed a petition for review on certiorari, questioning her conviction.
Issue:
- (Unlock)
Ruling:
- The Supreme Court granted the petition, modifying the CA's decision.
- Jacinto was found guilty of an Impossible Crime as defined in Articles 4, paragraph 2, and 59 of the Revised Penal Code....(Unlock)
Ratio:
- The prosecution failed to establish the elements of Qualified Theft as the check was dishonored and had no value.
- Applying the doctrine from "Intod v. Court of Appeals," the Court ruled that an impossible crime occurs when the intended crime is inherently impossible due to unknown extraneous circumstances.
- Jacinto's act of takin...continue reading
Case Digest (G.R. No. 162540)
Facts:
In the case of "Jacinto v. People," petitioner Gemma T. Jacinto, along with Anita Busog de Valencia y Rivera and Jacqueline Capitle, was charged with the crime of Qualified Theft before the Regional Trial Court (RTC) of Caloocan City, Branch 131. The incident occurred around July 1997 in Caloocan City, Metro Manila. The accused were employees of Mega Foam International Inc., represented by Joseph Dyhengco. They were accused of conspiring to steal Banco De Oro Check No. 0132649, dated July 14, 1997, amounting to P10,000.00, which was payment from a customer, Baby Aquino, to Mega Foam. The check was deposited in the Land Bank account of Generoso Capitle, the husband of Jacqueline Capitle. The prosecution's evidence revealed that the check was dishonored, and an entrapment operation was conducted by the National Bureau of Investigation (NBI), leading to the arrest of Jacinto and Valencia. The RTC found Jacinto, Valencia, and Capitle guilty of Qualified Theft, sentencing them to imprisonment. The Court of Appeals (CA) affirmed Jacinto's conviction but reduced Valencia's sentence and acquitted ...