Title
Jacinto vs. People
Case
G.R. No. 162540
Decision Date
Jul 13, 2009
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.

Case Digest (G.R. No. 179018)
Expanded Legal Reasoning Model

Facts:

  • Procedural Background
    • Petitioner Gemma T. Jacinto, together with Anita Busog de Valencia and Jacqueline Capitle, was charged before the Regional Trial Court (RTC) of Caloocan City, Branch 131, with Qualified Theft for allegedly taking Banco de Oro Check No. 0132649 dated July 14, 1997 worth ₱10,000.00, representing payment by customer Isabelita “Baby” Aquino to Mega Foam International, Inc.
    • On October 4, 1999, the RTC found all three accused guilty of Qualified Theft and sentenced each to 5 years, 5 months, and 11 days to 6 years, 8 months, and 20 days imprisonment. On December 16, 2003, the Court of Appeals (CA) modified the RTC decision: it affirmed Jacinto’s sentence, reduced Valencia’s to 4 months arresto mayor medium, and acquitted Capitle. A motion for reconsideration by Jacinto was denied on March 5, 2004.
  • Underlying Events
    • In June 1997, Baby Aquino handed petitioner a postdated BDO check for ₱10,000.00 as payment for purchases from Mega Foam, where Jacinto was a collector. The check was never remitted to the company but was deposited into the Land Bank account of Generoso Capitle, Jacqueline’s husband.
    • Upon dishonor of the check, a scheme emerged among Mega Foam employees—Jacinto, Anita Valencia, Jacqueline Capitle, and Rowena Ricablanca—to have Aquino replace the bounced check with cash and divide the proceeds equally.
    • The owner, Joseph Dyhengco, coordinated with the NBI for an entrapment. Marked bills dusted with fluorescent powder were used. On August 21, 1997, Ricablanca met Jacinto at her home, received the bounced check, and returned later acting as intermediary for cash replacement. Jacinto and Valencia each received ₱5,000.00 in marked money, were arrested by NBI agents, and later tested positive for fluorescent powder.
  • Defense Account
    • Jacinto and Valencia admitted resigning June 30, 1997 and claimed they merely gave Ricablanca a ride in their jeep to Aquino’s house for unrelated reasons. They denied knowledge of any theft and were surprised by their arrest.
    • Jacqueline Capitle similarly disavowed participation and was acquitted by the CA.

Issues:

  • Whether petitioner can be convicted of a crime not charged in the Information.
  • Whether a worthless (dishonored) check can be the object of theft.
  • Whether the prosecution proved petitioner’s guilt beyond reasonable doubt.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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