Facts:

• Erkey Pit-og, also known as Mary Pit-og, is the petitioner against the People of the Philippines and Hon. Judge Nicasio A. Baguilat.
• The case originated in Barangay Mainit, Bontoc, Mountain Province, concerning a communal land called "tayan," owned by the tomayan group, descendants of Jakot and Pang-o.
• On September 24, 1976, Pel-ey Cullalad, a septuagenarian and descendant of the original owners, was authorized to sell a 400-square-meter portion of the tayan to Edward Pasiteng for P1,500.
• The sale was documented in a deed, notarized by the mayor, and signed by several tomayan members.
• On December 12, 1983, Edward Pasiteng reported to the police that Erkey Pit-og and others had taken sugarcane and bananas from his property without permission.
• Witnesses, including Edward's grandchildren, confirmed that Erkey and her companions took approximately 300 pieces of sugarcane worth P1,000 and a bunch of bananas valued at P100, along with damaging a fence worth P900.
• The Municipal Trial Court found Erkey guilty of theft, sentencing her to four months and twenty days of arresto mayor to two years, eleven months, and ten days of prision correccional, along with damages.
• Erkey appealed, but the Regional Trial Court and the Court of Appeals upheld the conviction, prompting her to file a petition for review on certiorari to the Supreme Court.

Issue:

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Ruling:

• The Supreme Court acquitted Erkey Pit-og due to lack of proof beyond a reasonable doubt that she committed theft.
• The Court determined that the prosecution failed to establish ...(Unlock)

Ratio:

• The Supreme Court highlighted that the essential elements of theft under Article 308 of the Revised Penal Code must be proven beyond a reasonable doubt.
• These elements include taking personal property belonging to another, with intent to gain, without the owner's consent, and without violence or intimidation.
• Although Erkey admitted to taking the sugarcane...continue reading