G.R. No. 218910 - People vs. Sabado y Pangangaan

The case involves accused-appellant Luther Sabado y Pangangaan, an employee of Diamond Pawnshop, Dasmariñas, Cavite, charged with Qualified Theft.
The theft allegedly occurred on or about September 13, 2006, when pieces of jewelry and cellular phones valued at approximately ₱500,000.00 were taken from the pawnshop without the owner’s consent.
The Information specifically charged Luther Sabado, in conspiracy with two non-employee accomplices (Saturnino Sabado y Lomboy and Hospicio Haruta y Martinez), with willfully and unlawfully taking the items by abusing the trust reposed in him as a trusted employee.

On September 13, 2006, at around 12:15 p.m., eyewitness Roger Alama observed the accused coming out of the pawnshop accompanied by two unidentified men near the establishment.
It was noted that the accused unlocked the steel gate, and a man entered the pawnshop shortly after followed by the accused, who later emerged tied up with a packing tape over his mouth, stating he had been robbed inside.

Corroborating witness Gina Brogada, the pawnshop’s auditor and appraiser, confirmed that an inventory revealed missing jewelry and cellular phones valued at approximately ₱582,200.00.
Police testimony from Chief Inspector Dominador Arevalo and PO1 Efren Recare detailed the arrest on September 20, 2006, where several pieces of jewelry (including gold necklaces and rings) were recovered and later identified by Brogada as belonging to those stolen from the pawnshop.

The accused, by virtue of his role as a trusted employee, held exclusive access to the shop’s vault, knew its combination, and managed the shop alone—factors that underscored both his opportunity and the breach of trust inherent in the commission of the crime.
While the accused-appellant claimed that he was forced at gunpoint into participating in the robbery inside the pawnshop, his acts before and after the robbery—including unlocking the gate to allow access to an accomplice—became critical evidence against him.

The accused-appellant maintained that on the day of the incident, he was compelled to enter the pawnshop at gunpoint and, after being overpowered and bound, witnessed the robbery carried out by the two unidentified men.
He argued that there was no direct evidence of his active participation in the theft, suggesting that mere association or circumstantial presence should not warrant criminal liability.

The Regional Trial Court found Luther Sabado guilty of Qualified Theft, sentencing him to reclusion perpetua and ordering him to pay ₱500,000.00 to Diamond Pawnshop.
The Court of Appeals affirmed the RTC’s decision, dismissing the appeal raised by the accused-appellant, thereby confirming his conviction.

Whether the evidence presented was sufficient to prove, beyond reasonable doubt, that the accused-appellant committed the crime of Qualified Theft.
Whether the elements of theft, including the taking with intent to gain and the lack of consent by the pawnshop owner, as well as the aggravating circumstance of grave abuse of confidence, were adequately established.
Whether the actions of the accused-appellant, particularly his conduct of unlocking the gate, facilitating entry, and accessing the vault, constitute his direct participation and conspiracy in the commission of the felony.