G.R. No. 76931 - Orient Air Services and Hotel Representatives vs. Court of Appeals

Charged with the crime of qualified theft for allegedly harvesting 2,500 pieces of coconut nuts valued at Php4,000.00 from a coconut plantation.

Incident occurred on or about June 29, 2000, at Barangay Camarubo-an, Municipality of Jiabong, Province of Samar, Philippines.

The Igdalinos, together with their sons (Rowel and Romeo, Jr.), were accused of conspiring to unlawfully pick, harvest, and carry away coconut nuts from a coconut plantation owned by Avertino Jaboli.
The charge was based on the provisions of Article 310 of the Revised Penal Code (qualified theft) in relation to Article 308.

Testimonies established that the disputed land (Lot No. 1609) was registered under Francisco Jaboli (and later inherited by Avertino) via TCT No. T-7296.
A caretaker (Felicisimo Bacarra) observed the Igdalinos and their sons actively engaged in harvesting the coconut nuts, with Rosita gathering on the ground and the men climbing the trees.
Identification of the plantation land was corroborated by Avertino’s sister, Lilia Dabuet.

Rosita testified that the land was owned by her late father, Narciso Gabejan, as evidenced by Original Certificate of Title No. 1068 covering Lot No. 1609.
She maintained that her father had been cultivating and harvesting the coconut trees for an extended period and that she inherited the property upon his death in 1985.
Romeo corroborated that since their marriage in 1981, they had been living and working on the land, undertaking farming and coconut harvesting activities.
Additional community testimonies (including from a former barangay captain and local residents) supported the claim that the Igdalinos were long-time cultivators who exclusively worked on the property inherited from Narciso Gabejan.

Convicted Romeo and Rosita Igdalino of qualified theft.
Acquitted Rowel Igdalino due to insufficient evidence of his discernment at the time of the crime.
Sentence imposed: Minimum imprisonment of 4 years, 2 months, and 1 day (prision correccional) to a maximum term of 10 years (prision mayor), along with an order to pay actual damages and moral damages (later deleted by the CA).

Affirmed the RTC’s conviction but deleted the award of moral damages on the ground that there was no sufficient basis.
Upheld that the accused’s belief in their ownership of the property was lacking in honest and good faith due to a prior adjudication in favor of Avertino in a civil case for quieting of title.

The prosecution failed to establish Avertino Jaboli’s ownership over the disputed parcel of land beyond reasonable doubt.
The caretaker Felicisimo’s testimony was merely hearsay.
They acted on an honest belief of ownership when harvesting the coconuts.

Emphasis on the open and notorious manner in which the harvesting was conducted.
Testimonies indicated that they had been engaging in the harvest for a long period under the bona fide belief that the land belonged to them.
It was argued that knowledge of any adverse adjudication did not exist at the time of the harvest, as such information only came to their attention later (in 2002, via the Register of Deeds).

Whether the prosecution has successfully proven beyond reasonable doubt that the Igdalinos committed the crime of qualified theft.

Specifically, whether the element of unlawfully taking personal property with the intent to gain (animus furandi) was established.

Whether there existed an honest and good faith belief on the part of the Igdalinos that they owned the coconut plantation as evidenced by their long-standing cultivation and harvesting practices.
Whether the testimony of the caretaker and other witnesses was sufficient, or whether their evidentiary value was undermined by the issues of hearsay and lack of corroboration concerning the ownership of the land.
The impact of the civil adjudication (in favor of Avertino) on the criminal case, specifically if knowledge or finality of that adjudication at the time of harvest affected the assessment of the accused’s intent.