G.R. No. 190475 - Ong y Ong vs. People

Private complainant Francisco Azajar purchased forty-four (44) Firestone truck tires (T494 1100 by 20 by 14) for ₱223,401.81 from Philtread Tire and Rubber Corporation, evidenced by Sales Invoice No. 4565 (Nov. 10, 1994) and inventory list.
Tires were marked, stored in a Sucat, Parañaque warehouse under caretaker Jose Cabal. Six (6) tires were sold in January 1995; thirty-eight (38) remained.
On February 17, 1995, Cabal discovered the warehouse broken into and thirty-eight tires missing. The robbery was reported to the Southern Police District.

On February 24, 1995, Azajar found one marked stolen tire displayed at Jong’s Marketing in Paco, Manila, owned by Jaime Ong y Ong. He alerted police.
On February 27, 1995, a buy-bust team led by SPO3 Guerrero with poseur-buyer Tito Atienza purchased one tire (₱5,000), then recovered twelve (12) more from Ong’s adjacent warehouse upon Azajar’s signal. Thirteen (13) stolen tires were confiscated and Ong was arrested.

Ong, a 24-year tire merchant, claimed he bought thirteen (13) Firestone truck tires from one Ramon Go for ₱45,500 on February 18, 1995, receiving a Sales Invoice from “Gold Link Hardware & General Merchandise.”
He denied knowledge of theft, displayed one tire in store and stored the rest in his bodega; he argued that the sale was legitimate and supported by the invoice.

Whether the elements of fencing under Presidential Decree No. 1612 were proven beyond reasonable doubt.
Whether Ong knew or should have known the tires were stolen.
Whether Ong successfully rebutted the prima facie presumption of fencing.
Whether the penalty imposed was proper in view of the property’s value.