Case Digest (G.R. No. 138874-75)
Facts:
In People of the Philippines vs. Reymundo Masil y Aviar (G.R. No. 241837, January 5, 2022), the petitioner, Reymundo Masil y Aviar, owner of AE Junk Shop in Caloocan City, was charged with the offense of Fencing under Presidential Decree No. 1612 (the Anti-Fencing Law of 1979). An Information dated July 12, 2010 alleged that on July 10, 2007, Masil, together with co-accused Wilfredo Santiago y Bontiago, conspired to possess and sell spare parts from a jeepney (Plate No. NYE-443) stolen by its hired driver, Eugene Labramonte, to the harm of the owner, Nimfa Esteban y Nicolas. During trial in RTC Branch 123, Caloocan City, the prosecution presented evidence that Wilfredo was caught dismantling the stolen jeepney and admitted selling parts to Masil, who was found storing the marked components in his junkshop. Masil denied knowledge of Wilfredo and claimed no illicit intent. On June 2, 2017, the RTC convicted both defendants, sentencing them to an indeterminate term of five years a
Case Digest (G.R. No. 138874-75)
Facts:
- Information and Arraignment
- On July 12, 2010, an Information was filed against Reymundo Masil y Aviar (petitioner) and Wilfredo Santiago y Bontiago for Fencing under PD 1612, alleging possession and sale of dismantled parts of a utility vehicle (Plate No. NYE-443) known to be of dubious origin.
- Upon arraignment, both accused pleaded not guilty.
- Prosecution Evidence
- Theft of Jeepney
- Nimfa N. Esteban managed a passenger jeepney (Plate No. NYE-443) owned by her sister.
- On July 4, 2010, the driver, Eugene Labramonte, failed to return the jeepney as agreed, prompting Nimfa to report it stolen to the PNP Anti-Carnapping Unit and the Highway Patrol Group.
- Apprehension and Confession
- On July 9, 2010, Wilfredo was caught dismantling the jeepney at a junk shop in Caloocan City; he admitted selling parts to petitioner.
- Eugene, later apprehended, corroborated that he sold dismantled parts to AE Junk Shop owned by petitioner.
- Recovery of Parts
- Police recovered marked jeepney parts (D-5, injection pump, fan blade, rocker arm, air breather) from petitioner’s junk shop.
- Defense Case
- Petitioner denied prior acquaintance with Wilfredo and knowledge of the parts’ provenance, claiming his first contact with all parties occurred at the police station on July 11, 2010.
- He admitted operating a junk shop since June 2010 and purchasing motor vehicle parts but offered no proof of due diligence or clearance.
- Lower Court Decisions
- RTC, Branch 123, Caloocan City (June 2, 2017)
- Found all elements of Fencing proven beyond reasonable doubt; credited prosecution witnesses over denials.
- Imposed an indeterminate sentence of 5 years, 3 months to 6 years, 8 months.
- Court of Appeals (June 13, 2018; recon. denied August 17, 2018)
- Affirmed the RTC decision, emphasizing red-handed apprehension, confession of Wilfredo, recovery of parts, and petitioner’s failure to substantiate denials.
Issues:
- Whether the Court of Appeals correctly upheld petitioner’s conviction for the offense of Fencing under PD 1612.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)