Case Digest (G.R. No. 155076)
Facts:
In Luis Marcos P. Laurel v. Hon. Zeus C. Abrogar, People of the Philippines & Philippine Long Distance Telephone Company (G.R. No. 155076, February 27, 2006), petitioner Luis Marcos P. Laurel, then corporate secretary and board member of Baynet Co., Ltd., was charged with theft under Article 308 of the Revised Penal Code. Baynet marketed International Simple Resale (ISR) phone cards to route international calls from Japan into the Philippines via an International Private Leased Line (IPL) connected to 123 PLDT telephone lines, thereby bypassing the authorized International Gateway Facility (IGF) and depriving PLDT of access and termination fees. On November 8, 1999, NBI agents, armed with search warrants issued by RTC Makati Branch 147, raided Baynet’s Makati office, arrested key personnel, and seized telecommunications equipment. State Prosecutor Calo found probable cause for theft on January 28, 2000, and subsequently filed an Information before RTC Makati Branch 150, initiallCase Digest (G.R. No. 155076)
Facts:
- Parties and Procedural History
- Petitioner Luis Marcos P. Laurel, member of Baynet’s board and corporate secretary, impleaded by Amended Information for theft under Article 308 of the Revised Penal Code in RTC Makati, Criminal Case No. 99-2425.
- RTC denied Laurel’s “Motion to Quash (with Motion to Defer Arraignment)”; CA affirmed via CA-G.R. SP No. 68841; petition for certiorari filed with the Supreme Court.
- Alleged Network Fraud and Criminal Charge
- PLDT holds franchise under R.A. 7082 to operate telecommunication network (PSTN, IGF, cables, switching equipment).
- Baynet Co., Ltd. offers International Simple Resale (ISR) service by routing calls from Japan through International Private Leased Lines linked to PLDT lines, bypassing PLDT’s IGF toll centers, allegedly evading charges and compliance.
- PLDT traffic study estimates monthly loss of P10,185,325.96; Baynet unauthorized by NTC; Baynet subscribed to 123 PLDT lines; seized ISR equipment and arrested operators.
- Amended Information charges Laurel and co-accused with conspiring to “willfully, unlawfully and feloniously take, steal and use the international long distance calls belonging to PLDT … in the amount of P20,370,651.92,” contrary to law.
- Laurel’s Motion to Quash argued telephone calls and use of facilities belong to callers, not PLDT, and no law prohibits ISR; prosecution likened service to tangible utilities (electricity) subject of theft; RTC and CA rejected motion.
Issues:
- Procedural Remedy
- Whether petition for certiorari under Rule 65 in the CA is proper or whether appellant should await appeal.
- Subject of Theft under Article 308, RPC
- Whether international calls, PLDT telecommunication services or business interests are “personal property” subject to theft.
- Denial of Motion to Quash
- Whether RTC gravely abused discretion in denying Laurel’s motion to quash the Amended Information.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)