Jacinto vs. People

G.R. No. 162540
Petitioner, a former employee, was charged with Qualified Theft for depositing a dishonored BDO check. SC ruled it an Impossible Crime, not Theft, due to the check's worthlessness, sentencing her to six months arresto mayor.
qualified theft impossible crime theft

Case Digest (G.R. No. 162540)

Facts:

Gemma T. Jacinto, petitioner, v. People of the Philippines, respondent, G.R. No. 162540, July 13, 2009, the Supreme Court Third Division, Peralta, J., writing for the Court. The petition is a Rule 45 petition for review on certiorari of the Court of Appeals' decision and resolution.

Petitioner, together with Anita Busog de Valencia y Rivera and Jacqueline Capitle, was charged with Qualified Theft before the Regional Trial Court (RTC) of Caloocan City, Branch 131, for allegedly taking a Banco de Oro check No. 0132649 dated July 14, 1997 for P10,000.00, a payment by customer Baby Aquino to Mega Foam Int’l, Inc., where the accused worked. The RTC found all three guilty and, in its October 4, 1999 Decision, sentenced them to imprisonment for Qualified Theft.

On appeal, the Court of Appeals (CA) in CA‑G.R. CR No. 23761 issued a December 16, 2003 Decision modifying the RTC: it affirmed petitioner’s sentence, reduced Valencia’s penalty to arresto mayor, and acquitted Jacqueline Capitle. Petitioner moved for reconsideration at the CA; the CA denied the motion per Resolution dated March 5, 2004. Petitioner then filed this petition for review on certiorari with the Supreme Court.

The prosecution’s evidence (credited by RTC and CA) was: Baby Aquino gave petitioner a postdated P10,000.00 BDO check as payment; the check was later deposited into the Land Bank account of Generoso Capitle and was dishonored; Mega Foam never received the check from petitioner; an NBI‑assisted entrapment operation used ten marked P1,000 bills given to a co‑employee, Rowena Ricablanca, who acted as decoy; on August 21 Ricablanca procured supposedly replacement cash from Baby Aquino (in truth the marked bills), divided it and gave P5,000 each to petitioner and Valencia; NBI agents arrested them and forensic tests found fluorescent powder on their hands. Generoso Capitle testified he had acquired the check from an unknown woman who brought it to him to rediscount. Petitioner and Valencia testified they had resigned from Mega Foam June 30, 1997 and claimed surprise at receiving the cash and at being arrested.

Petitioner raised three issues in the petition: (1) whether she may be convicte...(Pro-only)

Issues:

  • May petitioner be convicted of a crime not charged in the information?
  • Can a dishonored (worthless) check be the object of theft so as to consummate the crime of qualified theft?
  • Did the prosecution prove petitioner’s guilt beyond reasonable doubt for...(Pro-only)

Ruling:

  • (Pro-only)

Ratio:

  • (Pro-only)

Doctrine:

  • (Pro-only)
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