Case Digest (G.R. No. 19786)
Facts:
The People of the Philippine Islands v. Clemente Avila, G.R. No. 19786, March 31, 1923, the Supreme Court En Banc, Street, J., writing for the Court.On August 16, 1921, in Meycauayan, Bulacan, Lucio Pilares and family rode a carretela; his wife inadvertently left a purse in the vehicle containing money and jewels worth about P4,500 (items later estimated at P4,300 unrecovered). The driver, Tiburcio de los Santos, found the purse and, recognizing the owner, handed it to Clemente Avila, then a municipal policeman, asking Avila as a policeman to return it to Pilares. Avila wrapped the purse in his raincoat and kept it; the purse never reached Pilares.
When Pilares discovered the loss he reported it to police. Tiburcio at first denied knowledge but later admitted delivering the purse to Avila. A search warrant was obtained and, on August 23, 1921, officials searched Avila’s house and found a solitaire and a locket identified by Pilares as belonging to him; banknotes and several other jewels were not recovered. Based on this evidence Avila was prosecuted for theft.
The Court of First Instance of Bulacan convicted Avila of theft and sentenced him to one year, eight months and twenty-one days’ imprisonment (presidio correccional), ordered restitution of P4,300 and costs. Avila appealed to the Supreme Court. The Court of First Instance’s judgment was brought before the Supreme Court for review; the Supreme Court considered whether Avila’s act constituted theft...(Subscriber-Only)
Issues:
- May a person who receives lost property from the finder and then appropriates it, knowing the owner, be convicted of theft under Article 517(2) of the Penal Code even though he was not the literal first finder?
- Should the appellant’s conduct be characterized instead as estafa under Article 535(5) of the Penal Code?
- If convicted of theft, what is the proper penalty classification under Article 5...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)