G.R. No. 91721 - Ordonio vs. Court of Appeals

Constancio Ordonio was charged before the Court of First Instance of Negros Oriental with cattle rustling (violation of Presidential Decree No. 533, Anti-Cattle Rustling Law of 1974).
The incident allegedly occurred in the evening of January 5, 1982, at Barangay Omanod, Sta. Catalina, Negros Oriental.
Ordonio was accused of taking, stealing, and carrying away a male, red and white (cabang) highbreed cow approximately eleven months old without the consent of the owner, Anastacio Pajunar.
The value of the cow was estimated at ₱700.00, causing damage to Pajunar.

On January 6, 1982, Pajunar discovered the cow missing from where he pastured it about 100 meters from his house the previous day.
Pajunar inquired from Ordonio about the cow’s whereabouts, but Ordonio initially denied having seen it.
Hearing mooing, Ordonio claimed the cow he was tending was the one heard, but Pajunar found it was his own cow.
Ordonio insisted the cow belonged to his brother, Agustin, and was entrusted to him.
Pajunar tied the cow near Ordonio’s house and reported the matter to Barangay Captain Leopoldo Enumerabellon, who issued a note for the Philippine Constabulary (PC) soldiers.
The PC soldiers went with Pajunar to Ordonio’s house; since Ordonio was absent, the calf was placed in the custody of Barrio Councilman Leonardo Pajaron and Barrio Captain Enumerabellon with the wife’s consent.

Ordonio claimed that on January 6, about 6:00 A.M., a neighbor, Santiago Oyhoc, reported seeing a cow in Ordonio’s mongo and corn farm.
Ordonio intended to drive the cow out, but Oyhoc suggested capturing it to prevent its return; Ordonio caught and tied the cow near his house to keep it visible.
He admitted recognizing it as Pajunar’s cow and instructed his wife to return it if Pajunar asked.
Ordonio went to Calanian to sell corn and returned later to find the cow seized by PC soldiers who accused him of stealing.
Upon receiving a letter from Barangay Captain Enumerabellon, Ordonio and his wife went to the Barangay Captain’s house on January 7, where an investigation was held, and the cow was returned to Pajunar.

The trial court found Ordonio guilty of violating PD No. 533 in a decision dated January 26, 1988, sentencing him under the Indeterminate Sentence Law to prision correccional.
Ordonio moved for a new trial on grounds of newly discovered evidence, presenting 81-year-old Pastor Banquerigo who corroborated Ordonio’s version that the calf was tied visibly near the house.
The trial court denied the motion and maintained the conviction.

Ordonio appealed to the Court of Appeals, arguing errors including presumption of guilt, reliance on weak evidence, and misapprehension of facts.
The Court of Appeals affirmed the conviction and denied reconsideration.
Ordonio elevated the case to the Supreme Court, reiterating errors assigned below and asserting misapprehension of facts, claiming lack of proof of actual taking.
Ordonio denied wrongdoing, asserting the cow was tied near his house out of necessity to protect his crops from the stray animal.
He also alleged the complaint was motivated by a land dispute and spite.

Whether or not the prosecution proved beyond reasonable doubt that Constancio Ordonio committed cattle rustling under PD No. 533 by unlawfully taking the calf without the owner’s consent.
Whether the findings of the trial court and Court of Appeals involve any misapprehension of facts or errors in applying the law.
Whether the defense’s claim of lawful possession and intention to return the cow negates the element of taking with intent to gain.