Case Digest (G.R. No. 256624)
Facts:
Joy Batislaon y Balicbalic v. People of the Philippines, G.R. No. 256624, July 26, 2023, Supreme Court Second Division, Lopez, M., J., writing for the Court. Petitioner Joy Batislaon (Joy) was charged together with her aunt Lourdes Gutierez before the Regional Trial Court (RTC), Branch 268, Pasig City, in Criminal Case No. 158414 for qualified theft and theft in connection with groceries allegedly not scanned at SM Hypermarket.Joy worked as a cashier at SM Hypermarket in Pasig. On November 14 (the opinion records both 2005 and, in the Information, 2015), Security Guard Ryan Pacheco observed Joy failing to scan certain grocery items that Lourdes had purchased; rescanning showed ₱1,935.13 unscanned. The security officers and SM Hypermarket’s Customer Relations Service secretary Rosalie Diaz corroborated the observation. Joy and Lourdes were detained and charged; both pleaded not guilty and invoked their right to remain silent at trial.
At trial the RTC (Presiding Judge Maria Cheryl B. Laqui-Ceguera) found the prosecution proved the thefts and conspiracy: Joy was convicted of qualified theft (for betraying the trust reposed in her as cashier) and Lourdes of simple theft; sentences were imposed and no civil liability was declared. Joy appealed to the Court of Appeals (CA-G.R. CR No. 42322). On July 27, 2020 the Court of Appeals (Third Division, decision penned by Associate Justic...(Subscriber-Only)
Issues:
- Did the prosecution prove the element of grave abuse of confidence necessary to sustain Joy’s conviction for qualified theft?
- Was conspiracy between Joy and Lourdes sufficiently established?
- If qualified theft is not proven, what is the proper convi...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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