Facts:

• Defendant: Faustino Sobrevilla
• Date and place: April 8, 1923, in front of the public market in Occidental Negros
• Defendant took the victim's pocket-book containing P12 from Mariano de Oca's trousers while the latter was in a crowd
• De Oca noticed the theft, struggled with the defendant, and eventually recovered his pocket-book
• Defendant was caught by a policeman shortly after

Issue:

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Ruling:

• The court ruled that the defendant's actions constituted qualified theft
• The fact that the pocket-book was recovered does not affect the defendant's liability
• The court agreed with the Att...(Unlock)

Ratio:

• The court determined that the defendant's actions constituted qualified theft because he succeeded in taking the pocket-book
• The recovery of the pocket-book does not negate the fact that the defendant committed theft
• The court applied Act No. 3397, which states that a person who has been previously convicted multiple times of certain crimes and commits the same crime within ten years of their last conviction shall be considered an habitual criminal
• The information filed in the case alleged that the defendant had been previously convicted four times of theft, and the...continue reading