Facts:

• In the case of People v. Syou Hu, the defendant, Syou Hu, was convicted of qualified theft by the Court of First Instance of Manila.
• The incident occurred on August 16, 1937, when Syou Hu took P435 in cash from Tiu Deit without consent.
• At the time, Syou Hu was living in Tiu Deit's house, who had sheltered him out of charity.
• The lower court sentenced Syou Hu to an indeterminate penalty ranging from one year, eight months, and twenty-one days to four years and two months of prision correccional.
• Syou Hu was also ordered to indemnify Tiu Deit in the amount of P75, with subsidiary imprisonment in case of insolvency, and to pay the costs of the proceedings.
• The case was appealed to the Supreme Court, focusing on the classification of the crime as qualified theft and the appropriateness of the penalty.

Issue:

• (Unlock)

Ruling:

• The Supreme Court affirmed the lower court's decision with a modification.
• The Court held that the crime committed by Syou Hu was qualified theft due to grave abuse of confidence.
• The indeterminate penalty was deemed proper, with a modification to add one day to the maximum period, making it four years, two mont...(Unlock)

Ratio:

• The Supreme Court explained that grave abuse of confidence does not produce theft; it is the asportation with intent of gain of personal property without the owner's consent that constitutes theft.
• Grave abuse of confidence is a circumstance that aggravates and qualifies the theft.
• It is not necessary for the grave abuse of confidence to be premeditated; its presence in the...continue reading